Preamble

“Whereas on the twenty-second of August, eighteen hundred and sixty-four, at Geneva, Switzerland, plenipotentiaries respectively representing Italy, Baden, Belgium, Denmark, Spain, Portugal, France, Prussia, Saxony, and Wurttemberg and the Federal Council of Switzerland agreed upon ten articles of a treaty or convention for the purpose of mitigating the evils inseparable from war; of ameliorating the condition of soldiers wounded on the field of battle, and particularly providing, among other things, in effect, that persons employed in hospitals and in according relief to the sick and wounded and supplies for this purpose shall be deemed neutral and entitled to protection; and that a distinctive and uniform flag shall be adopted for hospitals and ambulances and convoys of sick and wounded and an arm badge for individuals neutralized; and

“Whereas the said treaty has been revised and extended by a treaty or convention for the amelioration of the condition of the wounded and the sick of armies in the field, signed at Geneva, July 27, 1929, and adhered to by the United States of America, effective August 8, 1932; and

“Whereas the International Conference of Geneva of eighteen hundred and sixty-three recommended ‘that there exist in every country a committee whose mission consists in cooperating in times of war with the hospital service of the armies by all means in its power;’ and

“Whereas a permanent organization is an agency needed in every nation to carry out the purposes of said treaties, and especially to secure supplies and to execute the humane objects contemplated by said treaties, with the power to adopt and use the distinctive flag and arm badge specified by said treaties, on which shall be the sign of the Red Cross, for the purpose of cooperating with the ‘ComiteÿAE1 International de Secours aux Militaires BlesseÿAE1s’ (International Committee of Relief for the Wounded in War); and

“Whereas in accordance with the requirements and customs of said international body such an association adopting and using said insignia was formed in the city of Washington, District of Columbia, in July, eighteen hundred and eighty-one known as ‘The American National Association of the Red Cross,’ reincorporated April seventeenth, eighteen hundred and ninety-three, under the laws of the District of Columbia, and reincorporated by Act of Congress in June, nineteen hundred; and

“Whereas it is believed that the importance of the work demands a repeal of the present charter and a reincorporation of the society under Government supervision: Now, therefore,”.

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted “Title 10, Armed Forces” which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

Section Referred to in Other Sections

This section is referred to in sections 1a, 2, 8 of this title.

§1a. Continuation of corporation

The corporation now existing as The American National Red Cross under sections 1, 2 to 6, 8, and 9 of this title shall continue as a body corporate and politic in the District of Columbia. The first national convention after May 8, 1947, shall be convened and held under rules and regulations prescribed by the governing body of the corporation as presently constituted. After such first national convention, the Board of Governors of the corporation from time to time shall constitute the associates and successors of the incorporators named in said sections, and neither the said incorporators nor any associates or successors theretofore designated by them or by their successors shall have any powers or duties.

(May 8, 1947, ch. 50, §8, 61 Stat. 83.)

§2. Name and powers of corporation

The name of this corporation shall be “The American National Red Cross”, and by that name it shall have perpetual succession, with the power to sue and be sued in courts of law and equity, State or Federal, within the jurisdiction of the United States; to have and to hold such real and personal estate as shall be deemed advisable and to dispose of the same, to accept gifts, devises, and bequests of real and personal estate for the purposes of this corporation hereinafter set forth; to adopt a seal and the same to alter and destroy at pleasure; and to have the right to have and to use, in carrying out its purposes hereinafter designated, as an emblem and badge, a Greek red cross on a white ground, as the same has been described in the treaties of Geneva, August twenty-second, eighteen hundred and sixty-four and July twenty-seventh, nineteen hundred and twenty-nine, and adopted by the several nations acceding thereto; to ordain and establish bylaws and regulations not inconsistent with the laws of the United States of America or any State thereof, and generally to do all such acts and things as may be necessary to carry into effect the provisions of sections 1, 2 to 6, 8, and 9 of this title and promote the purposes of said organization; and the corporation created is designated as the organization which is authorized to act in matters of relief under said treaties. In accordance with the said treaties, the delivery of the brassard allowed for individuals neutralized in time of war shall be left to military authority.

Amendments

Cross References

Licenses for erection and use of buildings on military installations, see section 2670 of Title 10, Armed Forces.

Loan of equipment needed for instruction and practice to organization formed by Red Cross aiding armed forces in war time, see section 2542 of Title 10.

Section Referred to in Other Sections

This section is referred to in sections 1a, 8 of this title.

§3. Purposes of corporation

The purposes of the corporation are and shall be—

First. To furnish volunteer aid to the sick and wounded of Armed Forces in time of war, in accordance with the spirit and conditions of the conference of Geneva of October, eighteen hundred and sixty-three, and also of the treaties of the Red Cross, or the treaties of Geneva, of August twenty-second, eighteen hundred and sixty-four, and July twenty-seventh, nineteen hundred and twenty-nine, to which the United States of America has given its adhesion, and also of any other treaty or convention similar in purpose to which the United States of America may hereafter give its adhesion.

Second. And for said purposes to perform all the duties devolved upon a national society by each nation which has acceded to any of said treaties or conventions.

Third. To succeed to all the rights and property which were prior to January 5, 1905, held and to all the duties which were prior to January 5, 1905, performed by the American National Red Cross as a corporation duly incorporated by Act of Congress June 6, 1900, which Act is repealed and the organization created thereby is dissolved.

Fourth. To act in matters of voluntary relief and in accord with the military authorities as a medium of communication between the people of the United States of America and their Armed Forces, and to act in such matters between similar national societies of other governments through the “ComiteÿAE1 International de Secours”, and the Government and the people and the Armed Forces of the United States of America.

Fifth. And to continue and carry on a system of national and international relief in time of peace and apply the same in mitigating the sufferings caused by pestilence, famine, fire, floods, and other great national calamities, and to devise and carry on measures for preventing the same.

Membership in the American National Red Cross shall be open to all the people of the United States, its Territories, and dependencies, upon payment of the sums specified from time to time in the bylaws.

The chapters of the American National Red Cross shall be the local units of the corporation within the States and Territories of the United States. The regulations with respect to the granting of charters to the chapters and the revocation of the same, the territorial jurisdiction of the chapters, the relationship of the chapters to the corporation and compliance by the chapters with the policies and rules of the corporation, shall be as determined from time to time by the Board of Governors. Such regulations shall require that each chapter shall, in the election of the governing body of the chapter and in the selection of delegates to the national convention of the corporation, adhere to democratic principles of election as specified in the bylaws.

Section Referred to in Other Sections

The governing body of the corporation in which all powers of government, direction, and management of the corporation shall be lodged, shall consist of a Board of Governors numbering fifty persons, to be appointed or elected in the manner following, namely:

(a) Eight Governors shall be appointed by the President of the United States. Of the Governors so appointed, one shall be designated by the President of the United States to act as the principal officer of the corporation with such title and such functions as may from time to time be prescribed in the bylaws; and the remainder shall be officials of departments and agencies of the Federal Government, whose positions and interests are such as to qualify them to contribute toward the accomplishment of Red Cross programs and objectives. Of these at least one and not more than three shall be selected from the armed forces.

(b) Thirty Governors shall be elected by the chapters. The Governors so elected shall be elected at the national convention under procedures for nomination and election which shall be such as to insure equitable representation of all the chapters, having regard to geographical considerations, to the size of the chapters and to the size of the populations served by the chapters.

(c) Twelve Governors shall be elected by the Board of Governors as members-at-large. The Governors so elected shall be individuals who are representative of the national interests which it is the function of the Red Cross to serve, and with which it is desirable that the corporation shall have close association.

The term of office of all Governors shall be three years, except that the term of office of any Governor appointed by the President of the United States (other than the principal officer of the corporation) shall expire if and when such Governor shall retire, prior to the date on which his term as Governor would otherwise expire, from the official position held at the time of his appointment as Governor.

Of the first Board of Governors to be selected hereunder, those Governors to be elected pursuant to subsection (b) of this section shall be elected at the first national convention following May 8, 1947, those Governors to be elected pursuant to subsection (c) of this section shall be elected as soon as practicable following such first national convention, and those Governors to be appointed pursuant to subsection (a) of this section shall be appointed so as to take office at the same time. The Governors so elected pursuant to subsections (b) and (c) of this section shall be divided by lot into three classes, the terms of which shall expire at the end of one, two, and three years, respectively, so that thereafter one-third of the members of the Board of Governors elected pursuant to subsections (b) and (c) of this section will be chosen at the time of each national convention, and shall take office at such time or as soon as practicable thereafter.

The President of the United States shall fill as soon as may be any vacancy that may occur by death, resignation, or otherwise in the office of the principal officer of the corporation or in the membership of the Board of Governors appointed by him. Any vacancy that may occur in the Governors elected by the chapters pursuant to subsection (b) of this section or in the Governors-at-large elected by the Board of Governors pursuant to subsection (c) of this section, shall be temporarily filled by appointment made by the Board of Governors, such appointees to serve until the next national convention.

The Board of Governors shall have power (i) to appoint from its own members an executive committee of not less than eleven persons, who, when the Board of Governors is not in session, shall have and exercise all the powers of the Board of Governors, and (ii) to appoint and remove, or provide for the appointment and removal of, all officers and employees of the corporation, except the principal officer designated by the President of the United States.

The annual meeting of the corporation shall be the national convention of delegates of the chapters, which shall be held annually on such date and at such place as may be specified by the Board of Governors. In all matters requiring a vote at the national convention, each chapter shall be entitled to not less than one vote. The number of votes which each chapter shall be entitled to cast shall be determined according to allocation by the Board of Governors, which shall be established on an equitable basis giving consideration both to the size of the membership of the chapters and to the size of the populations in the territories served by the chapters. Such allocations shall be reviewed at least every five years.

Voting by proxy shall not be allowed at any meeting of the Board of Governors, or at the national convention, or at any meeting of the chapters: Provided, however, That in the event of any national emergency which in the opinion of the Board of Governors makes attendance at the national convention impossible, the Board of Governors may permit the election of Governors by proxy at the national convention.

Amendments

1947—Act May 8, 1947, amended section generally, enlarging the governing board and making the method of selection of its members more democratic.

1921—Act Mar. 3, 1921, provided that the executive committee of the central committee should consist of nine instead of seven persons, five of whom should be a quorum.

1912—Act Dec. 10, 1912, changed date of annual meeting from first Tuesday after first Monday in December to Wednesday preceding second Thursday in December.

Section Referred to in Other Sections

This section is referred to in sections 1a, 2, 8 of this title.

§6. Annual report; audit of financial transactions

The American National Red Cross shall as soon as practicable after the first day of July of each year make and transmit to the Secretary of Defense a report of its proceedings for the fiscal year ending June 30, next preceding, including a full, complete, and itemized report of receipts and expenditures of whatever kind, which report shall be duly audited by the Department of Defense, and a copy of said report shall be transmitted to Congress by the Department of Defense.

Amendments

1953—Act July 17, 1953, substituted “Secretary of Defense” and “Department of Defense” for “Secretary of War” and “Department of War”, respectively.

1917—Act Feb. 27, 1917, required reports of the preceding fiscal year to be made as soon as practicable after first of July of each year instead of on January first of each year.

Section Referred to in Other Sections

This section is referred to in sections 1a, 2, 8 of this title.

§7. Reimbursement of Department of Defense for auditing expenses

The American National Red Cross annually shall reimburse the Department of Defense for auditing its accounts, and the sum so paid shall be covered into the Treasury of the United States as a miscellaneous receipt.

Amendments

§8. Reservation of right to amend or repeal certain sections

Congress shall have the right to repeal, alter, or amend sections 1, 2 to 6, 8, and 9 of this title at any time.

(Jan. 5, 1905, ch. 23, §7, 33 Stat. 602.)

Section Referred to in Other Sections

This section is referred to in sections 1a, 2 of this title.

§9. Endowment fund

The endowment fund of the American National Red Cross shall be kept and invested under the management and control of a board of nine trustees, who shall be elected from time to time by the Board of Governors under such regulations regarding terms and tenure of office, accountability, and expense as the Board of Governors shall prescribe.

§13. Permanent building at headquarters in Washington, D.C.

The permanent building erected upon square 172 in the city of Washington, District of Columbia, for the use of the American National Red Cross in connection with its work in co- operation with the Government of the United States shall remain the property of the United States but under the supervision of the Administrator of General Services and the American National Red Cross shall at all times be charged with the responsibility, the care, keeping, and maintenance of said building without expense to the United States.

Codification

Section is composed of sections 1 and 5 of act Feb. 7, 1930. Section 1 provided for erection of permanent building and section 5 for the ownership and supervision thereof.

Transfer of Functions

Functions of Federal Works Agency and of all agencies thereof, together with all functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of that act. Section 103 is set out as section 753(b) of Title 40, Public Buildings, Property, and Works.

By section 5 of act Feb. 7, 1930, the permanent building was to remain under supervision of Director of Public Buildings and Public Parks of National Capital. The office of Public Buildings and Public Parks of National Capital abolished and its functions transferred to Office of National Parks, Buildings, and Reservations of Department of the Interior by Ex. Ord. No. 6166. The name of the latter office changed to “National Park Service” by act Mar. 2, 1934. The Branch of Buildings Management of National Park Service, with certain other agencies, consolidated as Public Buildings Administration under Federal Works Agency by sections 301 and 303 of Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees.

Effective Date of Transfer of Functions

Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of Title 40, Public Buildings, Property, and Works.

Permanent Building for District of Columbia Chapter

Joint Res. July 1, 1947, ch. 195, 61 Stat. 241, as amended Nov. 8, 1988, Pub. L. 100–637, §1, 102 Stat. 3325, provided: “That authority be, and is hereby, given to the American National Red Cross to erect upon the south half of square 104 in the city of Washington, District of Columbia, a permanent building for the use of the District of Columbia Chapter, American National Red Cross, in connection with its work, in cooperation with the Government of the United States and its responsibilities under its charter granted by the Congress of the United States.

“Sec. 2. That the plans of the proposed building shall first be approved by the American National Red Cross, the Commission of Fine Arts and the National Capital Park and Planning Commission and the erection and design thereof shall be under the supervision of the Administrator of the Federal Works Agency [now the Administrator of General Services] in accordance with the provisions of the Public Buildings Act of May 25, 1926, as amended [enacting sections 341, 342, 343 to 345a, 346, and 347 of Title 40, Public Buildings, Property, and Works] and as hereby further amended.

“Sec. 3. That the cost of the removal of the buildings on this site shall be borne by the American National Red Cross, District of Columbia Chapter, without expense to the United States.

“Sec. 4. That said permanent building shall remain the property of the United States but under the supervision of the Administrator of the Federal Works Agency [now the Administrator of General Services] and the American National Red Cross, District of Columbia Chapter, shall, at all times be charged with the responsibility, care, keeping, and maintenance of said building without expense to the United States.

“Sec. 5. That moneys of the American National Red Cross, District of Columbia Chapter, available for the construction of the aforesaid building, including any amount administratively determined necessary for the payment of salaries and expenses of personnel engaged upon the preparation of plans and specifications, field supervision, and general office expenses, may be transferred to and expended by the Public Buildings Administration of the Federal Works Agency [now the Administrator of General Services], and such funds may be consolidated in the books of the Treasury Department into a special account for direct expenditure in the prosecution of said work, and the Commissioner of Public Buildings is authorized to prepare drawings and specifications for this building prior to the approval by the Attorney General of the title to such acquisition.

“Sec. 6. That said building shall be appropriate in design and character and shall be used by the American National Red Cross, District of Columbia Chapter, and shall cost not less than $1,000,000: Provided, That this expenditure shall include complete equipment.

“Sec. 7. That the person, firm, or corporation which the Commissioner of Public Buildings shall select to furnish professional architectural and engineering services required for the project shall be chosen from nominations made by the American National Red Cross, District of Columbia Chapter.

“Sec. 8. That the National Capital Housing Authority is hereby authorized and directed to transfer to the jurisdiction of the Federal Works Administrator [now the Administrator of General Services] such part of the site for said building as is now under the jurisdiction of said Authority: Provided, That the Treasurer of the United States is authorized and directed to credit said Authority with the fair market value, at the date of transfer, of the property so transferred: Provided further, That the Federal Works Administrator [now the Administrator of General Services] is hereby authorized to utilize the property so transferred, as well as that part of the site already under his jurisdiction, for the purposes of this Act.

“Sec. 9. That the Federal Works Administrator, through the Public Buildings Administration [both now under the Administrator of General Services], is hereby authorized to furnish steam from the central heating plant for the heating of said building, such steam to be paid for by the American National Red Cross, District of Columbia Chapter, at such reasonable rates, not less than cost, as may be determined by the Federal Works Administrator [now Administrator of General Services]: Provided, That the Federal Works Administrator, through the Public Buildings Administration [both now under the Administrator of General Services], is authorized to prepare plans and specifications and to supervise and to contract for the work necessary to connect said building with the Government mains and to pay the cost of such work and services, including administrative expenses, from the funds consolidated into the Treasury pursuant to section 5 thereof.

“Sec. 10. The enactment of this joint resolution shall not be construed as establishing a policy of the United States Government to furnish building sites for Red Cross chapters or any eleemosynary institution at any other place.

“Sec. 11. (a) Notwithstanding any other provision of law, the Administrator of the General Services Administration shall enter into a lease of the real property described in the first section of this Act with the American National Red Cross, District of Columbia Chapter. Such lease shall provide that such property shall be used as an office, medical and scientific facility by such Red Cross Chapter and the tenants of such Chapter on such terms and conditions as shall be customary and necessary, including that—

“(1) the lease shall be triple net to the United States and such Red Cross Chapter shall pay all taxes, insurance, and operating costs, and a rent of $1.00 for the term of the lease;

“(2) the lease term shall be for 99 years, and all improvements on such property shall revert to the ownership of the United States at the conclusion of the term;

“(3) such Red Cross Chapter may (at the expense of such Chapter) demolish the improvements on such property or any improvements constructed on such property after the date of enactment of this section [Nov. 8, 1988], build, own, operate, and maintain new improvements, enter into leases, finance improvements (and mortgage any improvements and the leasehold estate), and in all manner deal with the property subject only to the condition that the ownership interest of the United States in the land shall not be adversely affected;

“(4) any space not needed for the operations of such Red Cross Chapter or the American National Red Cross in any building or improvement constructed on such property shall be first made available for use by Federal agencies at rental rates and other related expenses that are less than fair market value and reflect the value of the property provided to such Red Cross Chapter under the provisions of this Act;

“(5) the United States shall cooperate with such Red Cross Chapter with respect to any zoning or other matters relating to the development or improvement of such property; and

“(6) the plans of any proposed building or improvement for construction after the date of the enactment of this section shall first be approved by the American National Red Cross, the Commission of Fine Arts, and the National Capital Planning Commission.

“(b) The enactment of this section may not be construed as establishing a policy of the United States Government to furnish building sites for Red Cross chapters or any eleemosynary institution at any other place.”

§14. Omitted

Codification

Section, act May 5, 1926, ch. 246, 44 Stat. 403, related to use of temporary buildings upon square 172 in Washington, D.C. See section 13 of this title.

§15. Memorial building to Women of World War I; expenditures; supervision

The memorial building to commemorate the services and sacrifices of the patriotic women of the United States of America, of its insular possessions, and of the District of Columbia during the World War, erected on the land occupied in part on June 7, 1924, by the Memorial to the Women of the Civil War, the permanent headquarters of the American Red Cross, shall be used by the American National Red Cross.

The expenditures for said memorial building shall be made under the direction of a commission consisting of the chairman of the Senate Committee on the Library and the chairman of the House Committee on the Library. Said memorial building shall remain the property of the United States Government but under the supervision of the Administrator of General Services, and the American Red Cross shall at all times be charged with the responsibility, the care, keeping, and maintenance of the said memorial building without expense to the United States.

Transfer of Functions

Functions of Federal Works Agency and of all agencies thereof, together with all functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of that act. Section 103 is set out as section 753(b) of Title 40, Public Buildings, Property, and Works.

The building provided for in this section was originally placed under supervision of “Superintendent of Public Buildings and Grounds,” by act June 7, 1924. The office of Public Buildings and Grounds under Chief of Engineers abolished and functions of Chief of Engineers and of Secretary of War with respect thereto transferred to Director of Public Buildings and Public Parks of National Capital by act Feb. 26, 1925. The office of Public Buildings and Public Parks of National Capital abolished and functions thereof transferred to Office of National Parks, Buildings and Reservations of Department of the Interior by Ex. Ord. No. 6166. The name of the latter office changed to “National Park Service” by act Mar. 2, 1934. Functions of Director of National Park Service relating to public buildings transferred to Federal Works Administrator by section 303(b) of Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees.

Effective Date of Transfer of Functions

Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of Title 40, Public Buildings, Property, and Works.

§16. Exchange of Government-owned cotton for articles containing wool

The American National Red Cross or any other organization to which the Government-owned cotton has been or shall hereafter be delivered pursuant to law is authorized, if it shall be deemed advisable, to exchange any such cotton for cloth or wearing apparel or other articles of clothing containing wool.

(Mar. 3, 1933, ch. 214, 47 Stat. 1544.)

§§17 to 17b. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section 17, act July 17, 1953, ch. 222, §1, 67 Stat. 178, related to use of American Red Cross in cooperation with Armed Forces. See section 2602 of Title 10, Armed Forces.

Section 17a, act July 17, 1953, ch. 222, §2, 67 Stat. 178, related to furnishing of transportation, meals, and quarters to American Red Cross personnel by Government. See section 2602 of Title 10.

Section 17b, act July 17, 1953, ch. 222, §7, 67 Stat. 179, related to status of American Red Cross personnel as Government employees. See section 2602 of Title 10.

CHAPTER 1A—DAUGHTERS OF THE AMERICAN REVOLUTION

Sec.

18.

Corporation created; purposes.

18a.

Right to acquire, hold, and dispose of property; constitution, bylaws, and seal; headquarters or principal office.

18b.

Annual report; historical material.

18c.

Exclusive use of name, emblems, seals, and badges.

§18. Corporation created; purposes

Mary Park Foster (Mrs. John W. Foster), of Indiana; Mary Virginia Ellet Cabell (Mrs. William D. Cabell), of Virginia; Helen Mason Boynton (Mrs. Henry V. Boynton), of Ohio; Henrietta Greely (Mrs. A. W. Greely), of Washington, District of Columbia; Lelie Dent Saint Clair (Mrs. F. O. Saint Clair), of Maryland; Regina M. Knott (Mrs. A. Leo Knott), of Maryland; Sara Agnes Rice Pryor (Mrs. Roger A. Pryor), of New York; Sarah Ford Judd Goode (Mrs. G. Brown Goode), of Washington, District of Columbia; Mary Desha, of Kentucky; Sue Virginia Field (Mrs. Stephen J. Field), of California; Sallie Kennedy Alexander (Mrs. Thomas Alexander), of Washington, District of Columbia; Rosa Wright Smith, of Washington, District of Columbia; Sarah C. J. Hagan (Mrs. Hugh Hagan), of Georgia; Mary Stiner Putnam (Mrs. John Risley Putnam), of New York; Mary Leighton Shields (Mrs. George H. Shields), of Missouri; Ellen Hardin Walworth, of New York; Mary E. MacDonald (Mrs. Marshall MacDonald), of Virginia; Eugenia Washington, of Virginia; Alice M. Clarke (Mrs. A. Howard Clarke), of Massachusetts; Clara Barton, of Washington, District of Columbia; Mary S. Lockwood, of Washington, District of Columbia; Frances B. Hamlin (Mrs. Teunis S. Hamlin), of Washington, District of Columbia; Martha C. B. Clarke (Mrs. Arthur E. Clarke), of New Hampshire; Lucia E. Blount (Mrs. Henry Blount), of Indiana; Jennie A. O. Keim (Mrs. Randolph De B. Keim), of Connecticut; Louise Ward McAllister, of New York; Effie Ream Osborne (Mrs. Frank Stuart Osborne), of Illinois; Marie Devereux, of Washington, District of Columbia; Belinda O. Wilbour (Mrs. Joshua Wilbour), of Rhode Island; Georgina E. Shippen (Mrs. W. W. Shippen), of New Jersey; Julia K. Hogg (Mrs. N. B. Hogg), of Pennsylvania; Katherine C. Breckinridge (Mrs. Clifton R. Breckinridge), of Arkansas; Sara Isabella Hubbard (Mrs. Adolphus S. Hubbard), of California; Mary L. D. Putnam (Mrs. Charles E. Putnam), of Iowa; Delia Clayborne Buckner (Mrs. Simon B. Buckner), of Kentucky; Emily Marshall Eliot (Mrs. Samuel Eliot), of Massachusetts; Lucy Grey Henry (Mrs. William Wirt Henry), of Virginia; Elizabeth Blair Lee, of Maryland, Mrs. Francis P. Burrows (Mrs. Julius C. Burrows), Mrs. Mary H. McMillan (Mrs. James McMillan), Mrs. Emma Gregory Hull (Mrs. J. A. T. Hull), Mrs. Mary B. K. Washington (Mrs. Joseph Washington), and their associates and successors, are created a body corporate and politic, in the District of Columbia, by the name of The National Society of the Daughters of the American Revolution, for patriotic, historical, and educational purposes, to perpetuate the memory and spirit of the men and women who achieved American independence, by the acquisition and protection of historical spots and the erection of monuments; by the encouragement of historical research in relation to the Revolution and the publication of its results; by the preservation of documents and relics, and of the records of the individual services of Revolutionary soldiers and patriots, and by the promotion of celebrations of all patriotic anniversaries; to carry out the injunction of Washington, in his farewell address to the American people, “to promote, as an object of primary importance, institutions for the general diffusion of knowledge,” thus developing an enlightened public opinion and affording to young and old such advantages as shall develop in them the largest capacity for performing the duties of American citizens; to cherish, maintain, and extend the institutions of American freedom; to foster true patriotism and love of country, and to aid in securing for mankind all the blessings of liberty.

(Feb. 20, 1896, ch. 23, §1, 29 Stat. 8.)

§18a. Right to acquire, hold, and dispose of property; constitution, bylaws, and seal; headquarters or principal office

The society is authorized to acquire by purchase, gift, devise, or bequest and to hold, convey, or otherwise dispose of such property, real or personal, as may be convenient or necessary for its lawful purposes, and may adopt a constitution and make bylaws not inconsistent with law, and may adopt a seal. Said society shall have its headquarters or principal office at Washington, in the District of Columbia.

Amendments

1976—Pub. L. 94–443 substituted provision authorizing the society to acquire, by purchase, gift, devise or bequeath, real and personal property, and to hold, convey or otherwise dispose of it for provision which authorized the society to hold real and personal property in the United States in an amount not to exceed $10,000,000.

1951—Act July 30, 1951, substituted “$10,000,000” for “$5,000,000”.

1926—Act Feb. 5, 1926, substituted “$5,000,000” for “$1,000,000”.

1915—Act Mar. 3, 1915, substituted “$1,000,000” for “$500,000”.

§18b. Annual report; historical material

The Society shall report annually to the Secretary of the Smithsonian Institution concerning its proceedings, and said Secretary shall communicate to Congress such portion thereof as he may deem of national interest and importance. The Regents of the Smithsonian Institution are authorized to permit said national society to deposit its collections, manuscripts, books, pamphlets, and other material for history in the Smithsonian Institution or in the National Museum, at their discretion, upon such conditions and under such rules as they shall prescribe.

(Feb. 20, 1896, ch. 23, §3, 29 Stat. 9.)

§18c. Exclusive use of name, emblems, seals, and badges

The society and its subordinate divisions shall have the sole and exclusive right to use the name “National Society of the Daughters of the American Revolution”. The society shall have the exclusive and sole right to use, or to allow or refuse the use of, such emblems, seals, and badges as have heretofore been adopted or used by the National Society of the Daughters of the American Revolution.

Andrew D. White, of Ithaca, in the State of New York; George Bancroft, of Washington, in the District of Columbia; Justin Winsor, of Cambridge, in the State of Massachusetts; William F. Poole, of Chicago, in the State of Illinois; Herbert B. Adams, of Baltimore, in the State of Maryland; Clarence W. Bowen, of Brooklyn, in the State of New York, their associates and successors, are created in the District of Columbia a body corporate and politic, by the name of the American Historical Association, for the promotion of historical studies, the collection and preservation of historical manuscripts, and for kindred purposes in the interest of American history and of history in America. Said association is authorized to hold real and personal estate in the District of Columbia so far only as may be necessary to its lawful ends, to adopt a constitution, and to make by-laws not inconsistent with law. Said association shall have its principal office at Washington, in the District of Columbia, and may hold its annual meetings in such places as the said incorporators shall determine. Said association shall report annually to the Secretary of the Smithsonian Institution concerning its proceedings and the condition of historical study in America. Said Secretary shall communicate to Congress the whole of such reports, or such portion thereof as he shall see fit. The Regents of the Smithsonian Institution are authorized to permit said association to deposit its collections, manuscripts, books, pamphlets, and other material for history in the Smithsonian Institution or in the National Museum; at their discretion, upon such conditions and under such rules as they shall prescribe.

Amendments

1957—Pub. L. 85–83 substituted “as may be necessary to its lawful ends” for “only as may be necessary to its lawful ends to an amount not exceeding five hundred thousand dollars”.

Tax Exemption of Real Property

Section 2 of Pub. L. 85–83 provided that: “The real property situated in Square 817, in the city of Washington, District of Columbia, described as lot 23, owned, occupied, and used by the American Historical Association, is exempt from all taxation so long as the same is so owned and occupied, and not used for commercial purposes, subject to the provisions of sections 2, 3, and 5 of the Act entitled ‘An Act to define the real property exempt from taxation in the District of Columbia’, approved December 24, 1942 (56 Stat. 1089; D.C. Code, secs. 47–801b, 47–801c, and 47–801e) [47–1005, 47–1007, and 47–1009].”

Cross References

Smithsonian Institution—

Distribution of reports, see section 1341 of Title 44, Public Printing and Documents.

Duties of Secretary, see sections 44 and 46 of Title 20, Education.

Regents, see sections 42 to 44 of Title 20.

CHAPTER 1C—SONS OF THE AMERICAN REVOLUTION

Sec.

20a.

Corporation created.

20b.

Purposes and objects of corporation.

20c.

Powers of corporation; restriction.

20d.

Trustees.

20e.

First meeting.

20f.

Charter.

20g.

Reservation of right to amend or repeal chapter.

§20a. Corporation created

Francis Henry Appleton, of Massachusetts; Lucius P. Deming, of Connecticut; William Seward Webb, of Vermont; Horace Porter, of New York; Joseph C. Breckinridge, of Washington, District of Columbia; Franklin Murphy, of New Jersey; Walter S. Logan, of New York; Edwin Warfield, of Maryland; Edwin S. Greeley, of Connecticut; James D. Hancock, of Pennsylvania; Morris B. Beardsley, of Connecticut; John C. Lewis, of Kentucky; Henry Stockbridge, of Maryland; Nelson A. McClary, of Illinois; A. Howard Clark, of Washington, District of Columbia; Isaac W. Birdseye, of Connecticut; William K. Wickes, of New York; J. W. Atwood, of Ohio; J. W. Whiting, of Alabama; Ricardo E. Miner, of Arizona; Joseph M. Hill, of Arkansas; Alexander G. Eells, of California; Clarkson N. Guyer, of Colorado; Jonathan Trumbull, of Connecticut; Thomas F. Bayard, of Delaware; William H. Bayly, of Washington, District of Columbia; William S. Keyser, of Florida; Charles M. Cook, of Hawaii; Inman H. Fowler, of Indiana; Eugene Secor, of Iowa; John M. Meade, of Kansas; Peter F. Pescud, of Louisiana; Waldo Pettengill, of Maine; James D. Iglehart, of Maryland; Moses G. Parker, of Massachusetts; Rufus W. Clark, of Michigan; James C. Haynes, of Minnesota; Ashley Cabell, of Missouri; Ogden A. Southmayd, of Montana; Amos Field, of Nebraska; Daniel C. Roberts, of New Hampshire; J. Franklin Fort, of New Jersey; William A. Marble, of New York; Isaac F. Mack, of Ohio; Henry H. Edwards, of Oklahoma; Thomas M. Anderson, of Oregon; William L. Jones, of Pennsylvania; John E. Studely, of Rhode Island; Theodore G. Carter, of South Dakota; J. A. Cartwright, of Tennessee; I. M. Standifer, of Texas; Fred A. Hale, of Utah; Henry D. Holton, of Vermont; Lunsford L. Lewis, of Virginia; Cornelius H. Hanford, of Washington; J. Franklin Pierce, of Wisconsin; Truman G. Avery, of New York; William W. J. Warren, of New York; Henry V. A. Joslin, of Rhode Island; John Paul Earnest, of Washington, District of Columbia; A. S. Hubbard, of California, and all such other persons as may from time to time be associated with them, and their successors, are hereby constituted a body corporate and politic, in the city of Washington, in the District of Columbia, by the name of the National Society of the Sons of the American Revolution.

(June 9, 1906, ch. 3065, §1, 34 Stat. 227.)

§20b. Purposes and objects of corporation

The purposes and objects of corporation are declared to be patriotic, historical, and educational, and shall include those intended or designed to perpetuate the memory of the men who, by their services or sacrifices during the war of the American Revolution, achieved the independence of the American people; to unite and promote fellowship among their descendants; to inspire them and the community at large with a more profound reverence for the principles of the Government founded by our forefathers; to encourage historical research in relation to the American Revolution; to acquire and preserve the records of the individual services of the patriots of the war, as well as documents, relics, and landmarks; to mark the scenes of the Revolution by appropriate memorials; to celebrate the anniversaries of the prominent events of the war and of the Revolutionary period; to foster true patriotism; to maintain and extend the institutions of American freedom, and to carry out the purposes expressed in the preamble to the Constitution of our country and the injunctions of Washington in his farewell address to the American people.

(June 9, 1906, ch. 3065, §2, 34 Stat. 227.)

§20c. Powers of corporation; restriction

The corporation shall have power to receive, purchase, hold, sell, and convey real and personal estate, so far only as may be necessary or convenient for its lawful purposes; to sue and be sued, complain and defend in any court; to adopt a common seal, and to alter the same at pleasure; to make and adopt a constitution, by-laws, rules, and regulations for admission, government, suspension, and expulsion of its members, and from time to time to alter and repeal such constitution, by-laws, rules, and regulations, and to adopt others in their places; to provide for the election of its officers and to define their duties; to provide for State societies or chapters with rules for their conduct, and to regulate and provide for the management, safe-keeping, and protection of its property and funds: Provided always, That such constitution, by-laws, rules, and regulations be not inconsistent with the laws of the United States or any of the States thereof.

Amendments

1961—Pub. L. 87–214 struck out “to an amount not exceeding at any one time in the aggregate $500,000” after “convenient for its lawful purposes”.

§20d. Trustees

The property and affairs of said corporation shall be managed by not less than forty trustees, who shall be elected annually at such time as shall be fixed by the by-laws, and at least one trustee shall be elected annually from a list of nominees to be made by each of the State societies and submitted in this society at least thirty days before the annual meeting, in accordance with the general provisions regulating such nominations as may be adopted by this society.

Amendments

§20e. First meeting

The first meeting of this corporation shall be held on a call issued by any fifteen of the above-named corporators by a written notice signed by them, stating the time and place of meeting, addressed to each of the corporators personally named herein and deposited in the post-office at least five days before the day of meeting.

(June 9, 1906, ch. 3065, §5, 34 Stat. 228.)

§20f. Charter

This charter shall take effect upon its being accepted by a majority vote of the corporators named herein who shall be present at said meeting, or at any other meeting specially called for that purpose; and notice of such acceptance shall be given by said corporation by causing a certificate to that effect signed by its president and secretary to be filed in the office of the Secretary of State.

(June 9, 1906, ch. 3065, §6, 34 Stat. 228.)

§20g. Reservation of right to amend or repeal chapter

Congress reserves the right to alter, amend, or repeal this chapter.

(June 9, 1906, ch. 3065, §7, 34 Stat. 228.)

CHAPTER 2—BOY SCOUTS OF AMERICA

Sec.

21.

Corporation created.

22.

Name and powers of corporation.

23.

Purposes of corporation.

24.

Acquisition of assets and liabilities of existing corporation; prohibition against issuance of stock or payment of dividends.

25.

Executive board; powers.

26.

Annual and special meetings; quorum.

27.

Exclusive right to emblems, badges, marks, and words or phrases.

28.

Annual report.

29.

Reservation of right to amend or repeal chapter.

§21. Corporation created

Colin H. Livingstone and Ernest P. Bicknell, of Washington, District of Columbia; Benjamin L. Dulaney, of Bristol, Tennessee; Milton A. McRae, of Detroit, Michigan; David Starr Jordan, of Berkeley, California; F. L. Seely, of Asheville, North Carolina; A. Stamford White, of Chicago, Illinois; Daniel Carter Beard, of Flushing, New York; George D. Pratt, of Brooklyn, New York; Franklin C. Hoyt, Jeremiah W. Jenks, Charles P. Neill, Frank Presbrey, Edgar M. Robinson, Mortimer L. Schiff, and James E. West, of New York, New York; G. Barrett Rich, junior, of Buffalo, New York; Robert Garrett, of Baltimore, Maryland; John Sherman Hoyt, of Norwalk, Connecticut; Charles C. Jackson, of Boston, Massachusetts; John H. Nicholson, of Pittsburgh, Pennsylvania; William D. Murray, of Plainfield, New Jersey; and George D. Porter, of Philadelphia, Pennsylvania, their associates and successors, are created a body corporate and politic of the District of Columbia, where its domicile shall be.

(June 15, 1916, ch. 148, §1, 39 Stat. 227.)

Section Referred to in Other Sections

This section is referred to in section 25 of this title.

§22. Name and powers of corporation

The name of the corporation created by this chapter shall be “Boy Scouts of America”, and by that name it shall have perpetual succession, with power to sue and be sued in courts of law and equity within the jurisdiction of the United States; to hold such real and personal estate as shall be necessary for corporate purposes, and to receive real and personal property by gift, devise, or bequest; to adopt a seal, and the same to alter and destroy at pleasure; to have offices and conduct its business and affairs within and without the District of Columbia and in the several States and Territories of the United States; to make and adopt by-laws, rules, and regulations not inconsistent with the laws of the United States of America, or any State thereof, and generally to do all such acts and things (including the establishment of regulations for the election of associates and successors) as may be necessary to carry into effect the provisions of this chapter and promote the purposes of said corporation.

(June 15, 1916, ch. 148, §2, 39 Stat. 227.)

§23. Purposes of corporation

The purpose of the corporation shall be to promote, through organization, and cooperation with other agencies, the ability of boys to do things for themselves and others, to train them in scoutcraft, and to teach them patriotism, courage, self-reliance, and kindred virtues, using the methods which were in common use by Boy Scouts on June 15, 1916.

(June 15, 1916, ch. 148, §3, 39 Stat. 228.)

§24. Acquisition of assets and liabilities of existing corporation; prohibition against issuance of stock or payment of dividends

Said corporation may acquire, by way of gift, all the assets of the existing national organization of Boy Scouts, a corporation under the laws of the District of Columbia, and defray and provide for any debts or liabilities to the discharge of which said assets shall be applicable; but said corporation shall have no power to issue certificates of stock or to declare or pay dividends, its object and purposes being solely of a benevolent character and not for pecuniary profit to its members.

(June 15, 1916, ch. 148, §4, 39 Stat. 228.)

§25. Executive board; powers

The governing body of the said Boy Scouts of America shall consist of an executive board composed of citizens of the United States. The number, qualifications, and terms of office of members of the executive board shall be prescribed by the by-laws. The persons mentioned in section 21 of this title shall constitute the first executive board and shall serve until their successors are elected and have qualified. Vacancies in the executive board shall be filled by a majority vote of the remaining members thereof. The bylaws may prescribe the number of members of the executive board necessary to constitute a quorum of the board, which number may be less than a majority of the whole number of the board. The executive board shall have power to make and to amend the bylaws, and, by a two-thirds vote of the whole board at a meeting called for this purpose, may authorize and cause to be executed mortgages and liens upon the property of the corporation. The executive board may, by resolution passed by a majority of the whole board, designate three or more of their number to constitute an executive or governing committee, of which a majority shall constitute a quorum, which committee, to the extent provided in said resolution or in the bylaws of the corporation, shall have and exercise the powers of the executive board in the management of the business affairs of the corporation, and may have power to authorize the seal of the corporation to be affixed to all papers which may require it. The executive board, by the affirmative vote of a majority of the whole board, may appoint any other standing committees, and such standing committees shall have and may exercise such powers as shall be conferred or authorized by the bylaws. With the consent in writing and pursuant to an affirmative vote of a majority of the members of said corporation, the executive board shall have authority to dispose in any manner of the whole property of the corporation.

(June 15, 1916, ch. 148, §5, 39 Stat. 228.)

Cross References

Citizenship clause, see Const. Amend. 14, §1.

§26. Annual and special meetings; quorum

An annual meeting of the incorporators, their associates and successors, shall be held once in every year after the year of incorporation, at such time and place as shall be prescribed in the bylaws, when the annual reports of the officers and executive board shall be presented and members of the executive board elected for the ensuing year. Special meetings of the corporation may be called upon such notice as may be prescribed in the bylaws. The number of members which shall constitute a quorum at any annual or special meeting shall be prescribed in the bylaws. The members and executive board shall have power to hold their meetings and keep the seal, books, documents, and papers of the corporation within or without the District of Columbia.

(June 15, 1916, ch. 148, §6, 39 Stat. 228.)

§27. Exclusive right to emblems, badges, marks, and words or phrases

The corporation shall have the sole and exclusive right to have and to use, in carrying out its purposes, all emblems and badges, descriptive or designating marks, and words or phrases now or heretofore used by the Boy Scouts of America in carrying out its program, it being distinctly and definitely understood, however, that nothing in this chapter shall interfere or conflict with established or vested rights.

(June 15, 1916, ch. 148, §7, 39 Stat. 228.)

Cross References

Right to wear uniforms, see section 772 of Title 10, Armed Forces.

Trade-mark provisions of section 1051 et seq. of Title 15 not to repeal or affect this section, see section 48 of act July 5, 1946, set out as a note under section 1051 of Title 15, Commerce and Trade.

§28. Annual report

On or before the 1st day of April of each year the said Boy Scouts of America shall make and transmit to Congress a report of its proceedings for the year ending December 31 preceding.

§32. Name and powers of corporation

The name of such corporation shall be Girl Scouts of the United States of America (hereinafter referred to as the “corporation”), and by that name it shall have perpetual succession, with power to sue and be sued in courts of law and equity within the jurisdiction of the United States; to take, receive, and hold, in trust or otherwise, and to sell and convey real and personal property necessary for its corporate purposes, and other real and personal property, the income from which shall be applied to its corporate purposes; to adopt a seal, and to alter or destroy such seal; to have offices and to conduct its business and affairs within and without the District of Columbia and in the several States, Territories, and possessions of the United States; to adopt a constitution, bylaws, rules, and regulations (including regulations for the election of associates and successors) not inconsistent with the laws of the United States, or any State thereof, and from time to time to alter such constitution, bylaws, rules, and regulations and generally to perform such acts as may be necessary to carry out the purposes of this chapter and promote the purposes of the corporation.

(Mar. 16, 1950, ch. 62, §2, 64 Stat. 23.)

§33. Purposes of corporation

The purposes of the corporation shall be to promote the qualities of truth, loyalty, helpfulness, friendliness, courtesy, purity, kindness, obedience, cheerfulness, thriftiness, and kindred virtues among girls, as a preparation for their responsibilities in the home and for service to the community, to direct and coordinate the Girl Scout movement in the United States, its Territories, and possessions, and to fix and maintain standards for the movement which will inspire the rising generation with the highest ideals of character, patriotism, conduct, and attainment, which purposes shall be nonsectarian, nonpolitical, and not for pecuniary profit.

There shall be a National Council of Girl Scouts (hereinafter referred to as the “national council”), which shall have power to make and amend a constitution and bylaws, and to elect a board of directors, and officers and agents. The number, qualifications, and terms of office of members of the national council shall be prescribed by the constitution, except that they shall be citizens of the United States. The constitution may prescribe the number of members of the national council necessary to constitute a quorum, which number may be less than a majority of the whole number. The affairs of the corporation between meetings of the national council shall be managed by a board of directors, except that the bylaws may provide for an executive committee to exercise the powers of the board of directors in the interim between its meetings, and for other committees to operate under the general supervision of the board of directors. The number, qualifications, and terms of office of members of the board of directors shall be prescribed by the constitution. The constitution may prescribe the number of members of the board of directors necessary to constitute a quorum which number shall not be less than twenty, or two-fifths of the whole number. The board of directors, to the extent provided in the constitution and bylaws, shall have the powers of the national council, in the interim between its meetings. The national council, or between meetings thereof, the board of directors, may authorize and cause to be executed leases, mortgages, and liens upon, and sales and conveyances of, any of the property of the corporation; and the proceeds arising therefrom shall be applied or invested for the use and benefit of the corporation.

Amendments

1953—Act Aug. 14, 1953, made it clear that only citizens of the United States may be members of the National Council.

Cross References

Citizenship clause, see Const. Amend. 14, §1.

§35. Regular and special meetings

Meetings of the national council shall be held as provided in the constitution, for elections, and to receive the reports of the officers and board of directors. Special meetings may be called as prescribed in the constitution. The national council and the board of directors shall have power to hold meetings and keep the seal, books, documents, and papers of the corporation within or without the District of Columbia.

Amendments

1953—Act Aug. 14, 1953, struck out provision that there must be a meeting of the National Council at least once every two years.

§36. Exclusive right to emblems, badges, marks, and words or phrases

The corporation shall have the sole and exclusive right to have and to use, in carrying out its purposes, all emblems and badges, descriptive or designating marks, and words or phrases now or heretofore used by the old corporation and by its successor in carrying out its program, including the sole and exclusive right to use, or to authorize the use of, during the existence of the corporation, the badge of the Girl Scouts, Incorporated, which is referred to in the Act of August 12, 1937 (Public, Numbered 259, Seventy-fifth Congress; 50 Stat. 623), and all the other aforesaid emblems and badges, descriptive or designating marks, and words or phrases in connection with the manufacturing, advertising, and selling of equipment and merchandise: Provided, however, That nothing in this chapter shall interfere or conflict with established or vested rights.

References in Text

Amendments

1951—Act Aug. 17, 1951, inserted “and by its successors” and “including the sole and exclusive right to use, or to authorize the use of, during the existence of the corporation, the badge of the Girl Scouts, Incorporated, which is referred to in the Act of August 12, 1937 (Public, Numbered 259, Seventy-fifth Congress; 50 Stat. 623), and all the other aforesaid emblems and badges, descriptive or designating marks, and words or phrases in connection with the manufacturing, advertising, and selling of equipment and merchandise” and substituted “Provided, however, That” for “it being distinctly and definitely understood, however, that”.

§37. Annual report

On or before the first day of April of each year the corporation shall make and transmit to Congress a report of its proceedings for the preceding fiscal year.

§38. Acquisition of assets and liabilities of existing corporation

On March 16, 1950, the separate existence of the old corporation shall cease and the old corporation shall be merged into the corporation. The corporation shall possess all the public and private rights, privileges, powers, and franchises and shall be subject to all the restrictions, disabilities, and duties of the old corporation so merged into it, and all of the rights, privileges, powers, and franchises of the old corporation, and all property—real, personal, and mixed—and all debts due it on whatever account shall be vested in the corporation; and all property, rights, privileges, powers, and franchises and all other interests of the old corporation shall be the property of the corporation and the title to any real estate vested in the old corporation by deed or otherwise, under the laws of the District of Columbia or any State, shall not revert or be in any way impaired by reason of this chapter: Provided, however, That all rights of creditors and all liens upon any property of the old corporation shall be preserved unimpaired and all its debts, liabilities, and duties shall attach to the corporation and may be enforced against it to the same extent as if such debts, liabilities, and duties had been incurred or contracted by it.

(Mar. 16, 1950, ch. 62, §8, 64 Stat. 24.)

§38a. Reservation of right to amend or repeal chapter

Congress shall have the right to repeal, alter, or amend this chapter at any time.

(Mar. 16, 1950, ch. 62, §9, 64 Stat. 24.)

§39. Printing annual report

The annual report of the Girl Scouts of the United States of America shall be printed each year, with accompanying illustrations, as a separate House document of the session of the Congress to which such report may be submitted.

(Apr. 16, 1951, ch. 29, 65 Stat. 32.)

Codification

Section was not enacted as part of act Mar. 16, 1950, ch. 62, 64 Stat. 22, which comprises this chapter.

CHAPTER 3—THE AMERICAN LEGION

Sec.

41.

Corporation created.

42.

Completion of organization.

43.

Purpose of corporation.

44.

Powers of corporation.

45.

Membership.

46.

Nonpolitical nature of corporation.

47.

Acquisition of assets and liabilities of existing organization.

48.

Exclusive right to names.

49.

Annual report.

50.

Agents for service of process.

51.

Reservation of right to amend or repeal chapter.

§41. Corporation created

That the following persons, to wit: William S. Beam, of North Carolina; Charles H. Brent, of New York; William H. Brown, of Connecticut; G. Edward Buxton, junior, of Rhode Island; Bennett C. Clark, of Missouri; Richard Derby, of New York; L. H. Evridge, of Texas; Milton J. Foreman, of Illinois; Ruby D. Garrett, of Missouri; Fred J. Griffith, of Oklahoma; Roy C. Haines, of Maine; John F. J. Herbert, of Massachusetts; Roy Hoffman, of Oklahoma; Fred B. Humphreys, of New Mexico; John W. Inzer, of Alabama; Stuart S. Janney, of Maryland; Luke Lea, of Tennessee; Henry Leonard, of Colorado; Henry D. Lindsley, of Texas; Ogden L. Mills, of New York; Thomas W. Miller, of Delaware; Edward Myers, of Pennsylvania; Franklin D'Olier, of Pennsylvania; W. G. Price, junior, of Pennsylvania; S. A. Ritchie, of New York; Theodore Roosevelt, junior, of New York; Albert A. Sprague, of Illinois; John J. Sullivan, of Washington; Dale Shaw, of Iowa; Daniel G. Stivers, of Montana; H. J. Turney, of Ohio; George A. White, of Oregon; Eric Fisher Wood, of Pennsylvania; George H. Wood, of Ohio; Mathew H. Murphy, of Alabama; Andrew P. Martin, of Arizona; J. J. Harrison, of Arkansas; Henry G. Mathewson, of California; H. A. Saidy, of Colorado; Alfred M. Phillips, junior, of Connecticut; George N. Davis, of Delaware; A. H. Blanding, of Florida; Walter Harris, of Georgia; E. C. Boom, of Idaho; George G. Seaman, of Illinois; Raymond S. Springer, of Indiana; Mathew A. Tinley, of Iowa; W. A. Phares, of Kansas; Henry De Haven Moorman, of Kentucky; T. Semmes Walmsley, of Louisiana; A. L. Robinson, of Maine; James A. Gary, junior, of Maryland; George C. Waldo, of Michigan; Harrison Fuller, of Minnesota; Alexander Fitzhugh, of Mississippi; H. C. Clark, of Missouri; Charles E. Pew, of Montana; John G. Maher, of Nebraska; J. G. Scrugham, of Nevada; Frank Knox, of New Hampshire; Hobart Brown, of New Jersey; Charles M. De Bremon, of New Mexico; C. K. Burgess, of North Carolina; Julius Baker, of North Dakota; F. C. Galbraith, of Ohio; Ross N. Lillard, of Oklahoma; E. J. Eivers, of Oregon; George F. Tyler, of Pennsylvania; Alexander H. Johnson, of Rhode Island; Julius H. Walker, of South Carolina; M. L. Shade, of South Dakota; Roane Waring, of Tennessee; Claude V. Birkhead, of Texas; Wesley E. King, of Utah; Charles Francis Cocke, of Virginia; H. Nelson Jackson, of Vermont; Harvey I. Moss, of Washington; Jackson Arnold, of West Virginia; John C. Davis, of Wisconsin; A. H. Beach, of Wyoming; E. Lester Jones, of the District of Columbia; Lawrence Judd, of Hawaii; Robert R. Landon, of the Philippine Islands; and such persons as may be chosen who are members of the “American Legion”, an unincorporated patriotic society of the soldiers, sailors, and marines of the Great War, 1917 to 1918, known as the “American Legion”, and their successors, are created and declared to be a body corporate. The name of this corporation shall be “The American Legion.”

(Sept. 16, 1919, ch. 59, §1, 41 Stat. 284.)

Section Referred to in Other Sections

This section is referred to in section 42 of this title.

§42. Completion of organization

Said persons named in section 41 of this title and such other persons as may be selected from among the membership of the American Legion, an unincorporated society of the soldiers, sailors, and marines of the Great War of 1917–1918, are hereby authorized to meet to complete the organization of said corporation by the selection of officers, the adoption of a constitution and by-laws, and to do all other things necessary to carry into effect the provisions of this chapter, at which meeting any person duly accredited as a delegate from any local or State organization of the existing unincorporated organization known as the “American Legion” shall be permitted to participate in the proceedings thereof.

(Sept. 16, 1919, ch. 59, §2, 41 Stat. 284.)

§43. Purpose of corporation

The purpose of this corporation shall be: To uphold and defend the Constitution of the United States of America; to promote peace and good will among the peoples of the United States and all the nations of the earth; to preserve the memories and incidents of the two World Wars and the other great hostilities fought to uphold democracy; to cement the ties and comradeship born of service; and to consecrate the efforts of its members to mutual helpfulness and service to their country.

Amendments

1942—Act Oct. 29, 1942, amended section generally, inserting reference to the Constitution and to second world war.

§44. Powers of corporation

The corporation created by this chapter shall have the following powers: To have perpetual succession with power to sue and be sued in courts of law and equity; to receive, hold, own, use, and dispose of such real estate and personal property as shall be necessary for its corporate purposes; to adopt a corporate seal and alter the same at pleasure; to adopt a constitution, bylaws, and regulations to carry out its purposes, not inconsistent with the laws of the United States or of any State; to use, in carrying out the purposes of the corporation, such emblems and badges as it may adopt and to have the exclusive right to manufacture, and to control the right to manufacture, and to use, such emblems and badges as may be deemed necessary in the fulfillment of the purposes of the corporation; to establish and maintain offices for the conduct of its business; to establish State and Territorial organizations and local chapter or post organizations; to publish a magazine or other publications, and generally to do any and all such acts and things as may be necessary and proper in carrying into effect the purposes of the corporation.

Amendments

1953—Act June 26, 1953, inserted provision relating to the exclusive right to manufacture, the use, and control of such emblems and badges deemed necessary in the fulfillment of the purposes of the corporation.

Cross References

Loan or gift of condemned or obsolete material by Secretary of military department or Secretary of the Treasury, see section 2572 of Title 10, Armed Forces.

Penalty for unauthorized manufacture, reproduction, or sale of badges or emblems of veterans’ organizations, see section 705 of Title 18, Crimes and Criminal Procedure.

Recognition by Secretary of Veterans Affairs of representatives of American Legion for prosecution of claims under laws administered by Department of Veterans Affairs, see section 5902 of Title 38, Veterans’ Benefits.

§45. Membership

No person shall be a member of this corporation unless such person has served in the naval or military services of the United States at some time during any of the following periods: April 6, 1917, to November 11, 1918; December 7, 1941, to December 31, 1946; June 25, 1950, to January 31, 1955; December 22, 1961, to May 7, 1975; August 24, 1982, to July 31, 1984; December 20, 1989, to January 31, 1990; August 2, 1990, to the date of cessation of hostilities, as determined by the United States Government; all dates inclusive, or who, being a citizen of the United States at the time of entry therein, served in the military or naval service of any governments associated with the United States during said wars or hostilities: Provided, however, That such person shall have an honorable discharge or separation from such service or continues to serve honorably after any of the aforesaid terminal dates.

Amendments

1991—Pub. L. 102–179 amended section generally. Prior to amendment, section read as follows: “No person shall be a member of this corporation unless he has served in the naval or military services of the United States at some time during any of the following periods; April 6, 1917, to November 11, 1918; December 7, 1941, to December 31, 1946; June 25, 1950, to January 31, 1955; December 22, 1961, to May 7, 1975; August 24, 1982, to July 31, 1984; December 20, 1989, to January 31, 1990; all dates inclusive, or who, being a citizen of the United States at the time of entry therein, served in the military or naval service of any governments associated with the United States during said wars or hostilities: Provided, however, That such person shall have an honorable discharge or separation from such service or continues to serve honorably after any of the aforesaid terminal dates.”

1990—Pub. L. 101–478 amended section generally. Prior to amendment, section read as follows: “No person shall be a member of this corporation unless he has served in the naval or military services of the United States at some time during any of the following periods: April 6, 1917, to November 11, 1918; December 7, 1941, to December 31, 1946; June 25, 1950, to January 31, 1955; December 22, 1961, to May 7, 1975; all dates inclusive, or who, being a citizen of the United States at the time of entry therein, served in the military or naval service of any of the governments associated with the United States during said wars or hostilities: Provided, however, That such person shall have an honorable discharge or separation from such service or continues to serve honorably after any of the aforesaid terminal dates.”

1979—Pub. L. 96–155 authorized membership in the corporation for service commencing Dec. 22, 1961, rather than Aug. 5, 1964, to May 7, 1975.

1978—Pub. L. 95–346 substituted “May 7, 1975” for “August 15, 1973”.

1975—Pub. L. 93–557 substituted “December 31, 1946” for “September 2, 1945”, “January 31, 1955” for “July 27, 1953”, and “August 15, 1973” for “the date of cessation of hostilities as determined by the Government of the United States”.

1966—Pub. L. 89–550 inserted “August 5, 1964, to the date of cessation of hostilities as determined by the Government of the United States,” after “June 25, 1950, to July 27, 1953;”.

1955—Act July 26, 1955, substituted “July 27, 1953” for “the date of cessation of hostilities, as determined by the United States Government”.

1950—Act Dec. 28, 1950, redefined eligibility for membership in the American Legion.

1946—Act July 9, 1946, permitted veterans of World War II to become members.

1942—Act Oct. 29, 1942, included as members personnel of war beginning Dec. 7, 1941, and inserted proviso.

Cross References

Citizenship clause, see Const. Amend. 14, §1.

§46. Nonpolitical nature of corporation

The organization shall be nonpolitical and, as an organization, shall not promote the candidacy of any person seeking public office.

(Sept. 16, 1919, ch. 59, §6, 41 Stat. 285.)

§47. Acquisition of assets and liabilities of existing organization

Said corporation may acquire any or all the assets of the existing unincorporated national organization known as the “American Legion” upon discharging or satisfactorily providing for the payment and discharge of all its liabilities.

(Sept. 16, 1919, ch. 59, §7, 41 Stat. 285.)

§48. Exclusive right to names

Said corporation and its State and local subdivisions shall have the sole and exclusive right to have and to use, in carrying out its purposes, the name “The American Legion”, or “American Legion”.

Amendments

1953—Act June 26, 1953, extended the exclusive right to the use of the name “American Legion”.

§49. Annual report

The said corporation shall, on or before the 1st day of January in each year, make and transmit to the Congress a report of its proceedings for the preceding calendar year: Provided, however, That said report shall not be printed as public documents.

Amendments

1964—Pub. L. 88–504 struck out “, including a full and complete report of its receipts and expenditures” after “calendar year”.

Cross References

Printing of proceedings of national encampments as House documents, see section 1332 of Title 44, Public Printing and Documents.

§50. Agents for service of process

As a condition precedent to the exercise of any power or privilege herein granted or conferred the American Legion shall file in the office of the secretary of state of each State the name and post-office address of an authorized agent in such State upon whom legal process or demands against the American Legion may be served.

(Sept. 16, 1919, ch. 59, §91/2, 41 Stat. 285.)

§51. Reservation of right to amend or repeal chapter

The right to repeal, alter, or amend this chapter at any time is expressly reserved.

(Sept. 16, 1919, ch. 59, §10, 41 Stat. 285.)

CHAPTER 3A—UNITED SPANISH WAR VETERANS

§§56 to 56h. Omitted

Codification

Sections 56 to 56h related to United Spanish War Veterans, the corporate existence of which terminated pursuant to former section 56g of this title.

CHAPTER 3B—MARINE CORPS LEAGUE

Sec.

57.

Corporation created.

57a.

Purposes of corporation.

57b.

Powers of corporation.

58.

Annual report.

59.

Reservation of right to amend or repeal chapter.

§57. Corporation created

Major General John A. Lejeune, United States Marine Corps, retired, honorary national commandant; Maurice A. Illch, national commandant; Roy S. Taylor, senior national vice commandant; Kenneth B. Collings, junior national vice commandant; Alexander F. Ormsby, national judge advocate; Reverend John H. Clifford, national chaplain; Edward A. Walker, national sergeant at arms; John B. Hinckley, Junior, national adjutant and paymaster; John E. Brock, national chief of staff, are created a body corporate of the name “Marine Corps League.”

(Aug. 4, 1937, ch. 564, §1, 50 Stat. 558.)

§57a. Purposes of corporation

The purposes of this corporation shall be (a) to preserve the traditions and to promote the interests of the United States Marine Corps; (b) to band those who were on August 4, 1937, serving in the United States Marine Corps and those who have been honorably discharged from that service together in fellowship that they may effectively promote the ideals of American freedom and democracy; (c) to fit its members for the duties of citizenship and to encourage them to serve as ably as citizens as they have served the Nation under arms; (d) to hold sacred the history and memory of the men who have given their lives to the Nation; (e) to foster love for the principles which they have supported by blood and valor since the founding of the Republic; (f) to maintain true allegiance to American institutions; (g) to create a bond of comradeship between those in service and those who have returned to civil life; (h) to aid voluntarily and to render assistance to all marines and former marines as well as to their widows and orphans; (i) to perpetuate the history of the United States Marine Corps and by fitting acts to observe the anniversaries of historical occasions of peculiar interest to marines.

(Aug. 4, 1937, ch. 564, §2, 50 Stat. 558.)

§57b. Powers of corporation

The corporation (a) shall have perpetual succession; (b) may charge and collect membership dues and receive contributions of money or property to be devoted to carrying out the purposes of the organization; (c) may sue or may be sued; (d) may adopt a corporate seal and alter it at pleasure; (e) may adopt and alter bylaws not inconsistent with the Constitution and laws of the United States or of any State; (f) may establish and maintain offices for the conduct of its business; (g) may appoint or elect officers and agents; (h) may choose a board of trustees, consisting of not more than fifteen persons nor less than five persons, to conduct the business and exercise the powers of the corporation; (i) may acquire, by purchase, devise, bequest, gift, or otherwise, and hold, encumber, convey, or otherwise dispose of such real and personal property as may be necessary or appropriate for its corporate purposes; and (j) generally may do any and all lawful acts necessary or appropriate to carry out the purposes for which the corporation is created.

(Aug. 4, 1937, ch. 564, §3, 50 Stat. 559.)

§58. Annual report

The corporation shall, on or before the 1st day of December in each year, transmit to Congress a report of its proceedings and activities for the preceding calendar year. Such reports shall not be printed as public documents.

§62. Purposes of corporation

The purposes of the corporation shall be: (a) To acquire and maintain the whole or any portion of Belleau Wood, Department of Aisne, France, for memorial purposes; (b) to erect such buildings and monuments and establish such institutions thereon as it may deem appropriate as a memorial to the men of the American Expeditionary Forces who participated in the Battle of Belleau Wood, France, and vicinity during the World War; (c) to solicit and obtain members; (d) to charge and collect membership dues, and to solicit and receive contributions of money to be devoted to carrying out such purposes; and (e) to care for and maintain such memorial.

(Mar. 3, 1923, ch. 228, §2, 42 Stat. 1441.)

§63. Powers of corporation

The corporation (a) shall have perpetual succession; (b) may sue and be sued; (c) may adopt a corporate seal and alter it at pleasure; (d) may adopt and alter bylaws not inconsistent with the Constitution and laws of the United States or of any State; (e) may establish and maintain offices for the conduct of its business; (f) may appoint officers and agents; (g) may choose a board of trustees consisting of not more than fifteen persons nor less than five persons, to conduct the business and exercise the powers of the corporation; (h) may acquire, by purchase, devise, bequest, gift, or otherwise, and hold, encumber, convey, or otherwise dispose of, such real and personal property as may be necessary or appropriate for its corporate purposes, and especially the whole or any portion of Belleau Wood, Department of Aisne, France, to the extent that it may be or become consistent with, or permitted by, the laws of the French Republic; and (i) generally may do any and all lawful acts necessary or appropriate to carry out the purposes for which the corporation is created.

(Mar. 3, 1923, ch. 228, §3, 42 Stat. 1441.)

§64. Acquisition of assets and liabilities of existing corporation

The Belleau Wood Memorial Association, a corporation heretofore incorporated under the laws of the District of Columbia, is authorized to transfer to the corporation created by this chapter all of its property, rights, and assets, and such corporation is authorized to receive all of such property, rights, and assets. Upon such transfer, such association shall thereby be dissolved, and such corporation shall be liable for all the obligations of, and claims against, such association, and all of such obligations and claims may be enforced against the corporation.

(Mar. 3, 1923, ch. 228, §4, 42 Stat. 1441.)

§65. Annual report

The corporation shall, on or before the 1st day of December in each year, transmit to Congress a report of its proceedings and activities for the preceding calendar year. Such reports shall not be printed as public documents.

Amendments

Effective Date of 1977 Amendment

Section 2 of Pub. L. 95–98 provided that: “The amendments made by the first section of this Act [amending this section and sections 67a, 67b, 67e, 67g, 67h, and 67p to 67r of this title] shall take effect on the first day of the second calendar month following the date of enactment of this Act [Aug. 15, 1977].”

Section Referred to in Other Sections

This section is referred to in section 67a of this title.

§67a. Adoption of constitution, bylaws, and declaration of principles; election of officers

A majority of the persons above named and other persons selected from among the membership of AMVETS (American Veterans of World War II), an unincorporated association as set forth in section 67 of this title, met in national convention in Chicago, Illinois, on October 12, 13, and 14, 1945, and then and there, by and through duly elected delegates representing one hundred and thirty-one posts throughout the United States adopted a national constitution, bylaws, and declaration of principles and duly elected national officers for said organization, all as set forth in the Congressional Record, proceedings and debates of the Seventy-ninth Congress, first session, on November 6 and 7, 1945.

(July 23, 1947, ch. 298, §2, 61 Stat. 405.)

Codification

Amendment of this section by Pub. L. 95–98, §1(a), Aug. 15, 1977, 91 Stat. 830, which directed that “AMVETS (American Veterans of World War II, Korea, and Vietnam)” be substituted for “AMVETS (American Veterans of World War II)” has not been executed to text because the organization name is used in this section in the context of a historical reference to the name of the predecessor unincorporated association as that association existed at the time of the 1945 convention, at which time the association was named “AMVETS (American Veterans of World War II)”.

§67b. Purposes of corporation

The purposes of this corporation shall be as follows:

(1) To preserve for ourselves and our posterity the great and basic truths and enduring principles upon which this Nation was founded.

(2) To maintain a continuing interest in the welfare and rehabilitation of the disabled veterans of World War II, the Korean conflict, and the Vietnam era and to establish facilities for the assistance of all veterans and to represent them in their claims before the Department of Veterans Affairs and other organizations without charge.

(3) To dedicate ourselves to the service and best interests of the community, State, and Nation, to the end that our country shall be and remain forever a whole, strong, and free Nation.

(4) To aid and encourage the abolition of prejudice, ignorance, and disease. To encourage universal exercise of the voting franchise, to the end that there shall be elected and maintained in public office men and women who hold such office as a public trust administered in the best interests of all the people.

(5) To advocate the development and means by which all Americans may become enlightened and informed citizens and thus participate fully in the functions of our democracy.

(6) To encourage and support an international organization of all peace-loving nations, to the end that not again shall any nation be permitted to breach their national peace.

(7) To continue to serve the best interests of our Nation in peace as in war.

(8) To develop to the utmost the human, mental, spiritual, and economical resources of our Nation.

(9) To perpetuate and preserve the friendships and comradeship born on the battle front and nurtured in the common experience of service to our Nation during time of war.

(10) To honor the memory of those men and women who gave their lives that a free America and a free world might live by the creation of living memorials in the form of additional educational, cultural, and recreational facilities.

(11) To operate as a corporation not for profit and that no part of the income or assets shall inure to the benefit of any of its members, directors, or officers, nor be distributable thereto otherwise than upon dissolution or final liquidation; and that such corporation is organized and shall be operated exclusively for charitable, educational, patriotic, and civic improvement purposes.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–98 effective Oct. 1, 1977, see section 2 of Pub. L. 95–98, set out as a note under section 67 of this title.

§67c. Powers of corporation

The corporation created shall have the following powers: To have perpetual succession with power to sue and be sued in any court of competent jurisdiction; take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of real and personal property which may be held by, or (B) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State; to ordain and establish bylaws and regulations not inconsistent with the laws of the United States of America or any State thereof, for the management of its property and the regulation of its affairs; to use in carrying out its purposes such seals, emblems, and badges as it may lawfully adopt; to establish State and regional organizations and local posts; to publish magazines, newspapers, or any other publications consistent with the purposes of the corporation and to do any and all such acts and things as may be necessary and proper to carry into effect the purposes of the corporation.

(1) No part of the activities of the corporation shall consist of carrying on propaganda.

(2) The corporation and its officers and the members of its executive committee as such shall not contribute to or otherwise support or assist any political party or candidate for elective public office.

(4) The headquarters office and principal place of business of said corporation shall be located in Washington, District of Columbia, but the activities of said organization, as set out herein, shall not be confined to the District of Columbia, but shall be conducted throughout the various States, Territories, and possessions of the United States.

(July 23, 1947, ch. 298, §5, 61 Stat. 406.)

§67e. Membership

Eligibility for membership in AMVETS and the rights and privileges of members shall, except as provided in this chapter, be as provided in the constitution and bylaws of the organization, and terms of membership and requirements for holding office within the organization shall not be discriminatory on the basis of race, color, religion, sex or national origin.

Amendments

1984—Pub. L. 98–304 amended section generally. Prior to amendment, section read as follows: “Any person who served in the Armed Forces of the United States of America or any American citizen who served in the armed forces of an allied nation of the United States at any time after September 15, 1940, and before May 8, 1975, is eligible for regular membership in AMVETS, provided such service when terminated by discharge or release from active duty be by honorable discharge or separation. No person who is a member of, or who advocates the principles of, any organization believing in, or working for, the overthrow of the United States Government by force, and no person who refuses to uphold and defend the Constitution of the United States, shall be privileged to become, or continue to be, a member of this organization”.

1977—Pub. L. 95–98 substituted “at any time after September 15, 1940, and before May 8, 1975,” for “on or after September 16, 1940, and on or before the date of cessation of hostilities as determined by the Government of the United States,”.

1966—Pub. L. 89–576 redefined eligibility for membership in AMVETS, substituting “the date of cessation of hostilities as determined by the Government of the United States” for “January 31, 1955”.

1955—Act July 26, 1955, substituted “and on or before January 31, 1955” for “and before the legal termination of World War II”.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–98 effective Oct. 1, 1977, see section 2 of Pub. L. 95–98, set out as a note under section 67 of this title.

Cross References

Penalty for unauthorized manufacture, reproduction, or sale of badges or emblems of veterans’ organizations, see section 705 of Title 18, Crimes and Criminal Procedure.

§67f. Voting rights of members and convention delegates; executive committee

(1) Each member of the said corporation shall have the right to one vote in the conduct of official business at the post level. Each post shall have the right to elect delegates to national conventions of the corporation, which delegates shall each exercise one vote in the conduct of business of the respective convention to which he is elected.

(2) The executive committee of the said corporation shall consist of one member duly elected to represent each department, and, in addition, all elective officers shall be members of the executive committee, ex officio.

(July 23, 1947, ch. 298, §7, 61 Stat. 407.)

§67g. Acquisition of assets and liabilities of existing association

The said corporation may and shall acquire all of the assets of the existing unincorporated association known as AMVETS (American Veterans of World War II) upon discharge or satisfactory provisions for the discharge of all its liabilities.

(July 23, 1947, ch. 298, §8, 61 Stat. 407.)

Codification

Amendment of this section by Pub. L. 95–98, §1(a), Aug. 15, 1977, 91 Stat. 830, which directed that “AMVETS (American Veterans of World War II, Korea, and Vietnam)” be substituted for “AMVETS (American Veterans of World War II)” has not been executed to text because the organization name is used in this section in the context of a historical reference to the name of the predecessor unincorporated association as that association existed at the time of the 1945 convention, at which time the association was named “AMVETS (American Veterans of World War II)”.

§67h. Use of assets on dissolution or liquidation

In the event of a final dissolution or liquidation of such corporation, and after the discharge or satisfactory provisions for the discharge of all its liabilities, the remaining assets of the said corporation shall be transferred to the Department of Veterans Affairs to be applied to the care and comfort of disabled veterans of World War II, the Korean conflict and the Vietnam era.

Amendments

1977—Pub. L. 95–98 inserted “, the Korean conflict and the Vietnam era” after “World War II”.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–98 effective Oct. 1, 1977, see section 2 of Pub. L. 95–98, set out as a note under section 67 of this title.

§67i. Additional corporate powers

The corporation shall have power to—

(1) Have succession by its corporate name;

(2) Choose such officers, representatives, and agents as are necessary to carry out the purposes of the corporation;

(3) Contract and be contracted with;

(4) Transfer and convey all real or personal property;

(5) Borrow money for the purposes of the corporation, issue bonds therefor, and secure same by mortgage subject in every case to all applicable provisions of Federal or State laws.

(July 23, 1947, ch. 298, §10, 61 Stat. 407.)

§67j. Liability for acts of officials and agents

The corporation shall be liable for the acts of its officials, representatives, and agents when acting within the scope of their authority.

(July 23, 1947, ch. 298, §11, 61 Stat. 407.)

§67k. Agent for service of process

The corporation shall maintain in the District of Columbia at all times a designated agent authorized to accept services of processes for such corporation; and notice to or service upon such agent, or mail to the business address of such agent, shall be deemed notice or service upon the corporation.

(July 23, 1947, ch. 298, §12, 61 Stat. 407.)

§67l. Election of officers

The following national officers of the said corporation shall be elected by the chosen delegates thereof in annual national conventions, each official delegate casting one vote, to wit: National commander and seven national vice commanders, one of whom shall be a woman; finance officer, adjutant, judge advocate, and provost marshal.

(July 23, 1947, ch. 298, §13, 61 Stat. 408.)

§67m. Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, executive committee, and committees having any of the authority of the executive committee; and shall keep at its registered office or principal office a record giving the names and addresses of its members entitled to vote; and permit all books and records of the corporation to be inspected by any member or his agent or his attorney for any proper purpose at any reasonable time.

(July 23, 1947, ch. 298, §14, 61 Stat. 408.)

Cross References

Printing of proceedings of national encampments as House documents, see section 1332 of Title 44, Public Printing and Documents.

§67n. Prohibition against issuance of stock or payment of dividends

The corporation shall not have or issue shares of stock, nor declare or pay dividends.

(July 23, 1947, ch. 298, §15, 61 Stat. 408.)

§67o. Loans to officers; liability of officers

No loan shall be made by the corporation to its officers or directors, or any of them, and any directors of the corporation who vote for or assent to the making of a loan or advance to an officer or director of the corporation, and any officer or officers participating in the making of any such loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

(July 23, 1947, ch. 298, §16, 61 Stat. 408.)

§67p. Exclusive right to name, seals, emblems, and badges

The corporation and its State, regional, and local subdivisions shall have the sole and exclusive right to have and use in carrying out its purposes the name AMVETS (American Veterans of World War II, Korea, and Vietnam), and such seals, emblems, and badges as the corporation may lawfully adopt.

Amendments

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–98 effective Oct. 1, 1977, see section 2 of Pub. L. 95–98, set out as a note under section 67 of this title.

Cross References

Penalty for unauthorized manufacture, reproduction, or sale of badges or emblems of veterans’ organizations, see section 705 of Title 18, Crimes and Criminal Procedure.

§67q. Service of process; local authorized agents in States

As a condition precedent to the exercise of any power or privilege herein granted or conferred AMVETS (American Veterans of World War II, Korea, and Vietnam) shall serve notice on the secretary of state, in each State, of the name and address of an authorized agent in such State upon whom legal process or demands against this corporation may be served.

Amendments

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–98 effective Oct. 1, 1977, see section 2 of Pub. L. 95–98, set out as a note under section 67 of this title.

§67r. Grant and accrual of rights of other national veterans’ organizations

Such provisions, privileges, and prerogatives as have been granted heretofore to other national veterans’ organizations by virtue of their being incorporated by Congress are granted and accrue to AMVETS (American Veterans of World War II, Korea, and Vietnam).

Amendments

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–98 effective Oct. 1, 1977, see section 2 of Pub. L. 95–98, set out as a note under section 67 of this title.

§67s. Reservation of right to amend or repeal chapter

The right to repeal, alter, or amend this chapter at any time is expressly reserved.

(July 23, 1947, ch. 298, §20, 61 Stat. 408.)

CHAPTER 5—GRAND ARMY OF THE REPUBLIC

§§71 to 77. Omitted

Codification

Sections 71 to 77 related to Grand Army of the Republic, the corporate existence of which terminated pursuant to former section 76 of this title.

Section 71, act June 3, 1924, ch. 242, §1, 43 Stat. 358, created a corporation known as Grand Army of the Republic, with a membership limited to those who served as soldiers and sailors of the United States between Apr. 12, 1861, and Apr. 9, 1865, or in State regiments called into active service between those date and who were honorably discharged, and specified the powers of the corporation.

Bertha Hunt, Des Moines, Iowa; Marie E. Godda, Omaha, Nebraska; Anna Hausman, Washington, District of Columbia; Frances C. Linnell, Plymouth, Massachusetts; Alma M. Blitz, Minneapolis, Minnesota; Lila Lovett, Portland, Maine; Eveh M. Ervin, Keene, New Hampshire; Mildred Puckett, Louisville, Kentucky; Ada Anderson, Wilmington, Delaware; and all past national presidents, and their successors, are created and declared to be a body corporate of the District of Columbia, where its legal domicile shall be, by the name of the Ladies of the Grand Army of the Republic (hereinafter referred to as the corporation), and by such name, shall be known and have perpetual succession and the powers, limitations, and restrictions herein contained.

(Pub. L. 86–47, §1, June 17, 1959, 73 Stat. 76.)

§78a. Omitted

Codification

§78b. Purposes of corporation

The purposes of the corporation shall be: To perpetuate the memory of the Grand Army of the Republic and of the men who saved the Union in 1861 to 1865; to assist in every practicable way in the preservation and making available for research of documents and records pertaining to the Grand Army of the Republic and its members; to cooperate in doing honor to all those who have patriotically served our country in any way; to teach patriotism and the duties of citizenship, the true history of our country, and the love and honor of our flag; to oppose every tendency or movement that would weaken loyalty to, or make for the destruction or impairment of, our constitutional Union; and to inculcate and broadly sustain the American principles of representative government, of equal rights, and of impartial justice for all.

(Pub. L. 86–47, §3, June 17, 1959, 73 Stat. 77.)

§78c. Powers of corporation

The corporation shall have power—

(1) to have succession by its corporate name;

(2) to sue and be sued, complain and defend in any court of competent jurisdiction;

(3) to adopt, use, and alter a corporate seal;

(4) to choose such officers, managers, agents, and employees as the activities of the corporation may require;

(5) to adopt, amend, and alter a constitution and bylaws; not inconsistent with the laws of the United States or of any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;

(6) to contract and be contracted with;

(7) to take by lease, gift, purchase, grant, devise, or bequest from any public body or agency or any private corporation, association, partnership, firm, or individual and to hold absolutely or in trust for any of the purposes of the corporation any property, real, personal, or mixed, necessary or convenient for attaining the objects and carrying into effect the purposes of the corporation, subject, however, to applicable provisions of law of any State (A) governing the amount or kind of property which may be held by, or (B) otherwise limiting or controlling the ownership of property by, a corporation operating in such State;

(9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, deed of trust, pledge or otherwise, subject in every case to all applicable provisions of Federal and State laws; and

(10) to do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation.

(Pub. L. 86–47, §4, June 17, 1959, 73 Stat. 77.)

§78d. Membership; voting rights

(a) Eligibility for membership in the corporation and the rights, privileges, and designation of classes of membership shall, except as provided in this chapter, be determined as the constitution and bylaws of the corporation may provide. Eligibility for membership in the corporation shall be limited to female blood relatives of persons who served between April 12, 1861, and April 9, 1865, as soldiers or sailors of the United States Army, Navy, Marine Corps, or Revenue-Cutter Service, and of such State regiments as were called into active service and were subject to orders of United States general officers between the dates above mentioned and were honorably discharged therefrom at the close of such service or who died in such service.

(b) Each member of the corporation shall have the right to one vote in each matter submitted to a vote at all meetings of the members of the corporation.

§78e. Governing body; composition; meetings

The supreme governing authority of the corporation shall be the national convention thereof, composed of such officers and elected representatives from the several States and other local subdivisions of the corporate organization as shall be provided by the constitution and bylaws: Provided, That the form of the government of the corporation shall always be representative of the membership at large and shall not permit the concentration of control thereof in the hands of a limited number of members or in a self-perpetuating group not so representative. The meetings of the national convention may be held in any State or Territory or in the District of Columbia.

(Pub. L. 86–47, §6, June 17, 1959, 73 Stat. 78.)

§78f. Officers of corporation; selection; tenure; duties

The officers of the corporation shall be selected in such manner and for such terms and with such duties and titles as may be prescribed in the constitution and bylaws of the corporation.

(Pub. L. 86–47, §7, June 17, 1959, 73 Stat. 78.)

§78g. Principal office; territorial scope of activities; agent for service of process

(a) The principal office of the corporation shall be located in Washington, District of Columbia, or in such other place as may later be determined by the corporation, but the activities of the corporation shall not be confined to that place and may be conducted throughout the various States, Territories, and possessions of the United States.

(b) The corporation shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation.

(Pub. L. 86–47, §8, June 17, 1959, 73 Stat. 78.)

§78h. Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any of its members or officers as such, or be distributable to any of them during the life of the corporation or upon its dissolution or final liquidation. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation or reimbursement for actual necessary expenses in amounts approved by the council of administration of the corporation.

(b) The corporation shall not make loans to its officers or employees. Any member of the council of administration who votes for or assents to the making of a loan or advance to an officer or employee of the corporation, and any officer who participates in the making of such loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

(Pub. L. 86–47, §9, June 17, 1959, 73 Stat. 78.)

§78i. Nonpolitical nature of corporation

The corporation and its officers and agents as such shall not contribute to any political party or candidate for public office.

(Pub. L. 86–47, §10, June 17, 1959, 73 Stat. 79.)

§78j. Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

(Pub. L. 86–47, §11, June 17, 1959, 73 Stat. 79.)

§78k. Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock or to declare or pay any dividends.

(Pub. L. 86–47, §12, June 17, 1959, 73 Stat. 79.)

§78l. Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its national conventions and council of administration. All books and records of the corporation may be inspected by any member, or his agent or attorney, for any proper purposes, at any reasonable time.

(Pub. L. 86–47, §13, June 17, 1959, 73 Stat. 79.)

§78m. Repealed. Pub. L. 88–504, §4(7), Aug. 30, 1964, 78 Stat. 636

Section, Pub. L. 86–47, §14, June 17, 1959, 73 Stat. 79, related to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this title.

§78n. Annual report

On or before March 1 of each year the corporation shall report to the Congress on its activities during the preceding fiscal year. Such report may consist of a report on the proceedings of the national convention covering such fiscal year. Such report shall not be printed as a public document.

(Pub. L. 86–47, §15, June 17, 1959, 73 Stat. 79.)

§78o. Exclusive right to name, emblems, seals, and badges

The corporation and its subordinate divisions shall have the sole and exclusive right to use the name, “Ladies of the Grand Army of the Republic”. The corporation shall have the exclusive and sole right to use, or to allow or refuse the use of, such emblems, seals, and badges as have heretofore been used by the Ladies of the Grand Army of the Republic.

(Pub. L. 86–47, §16, June 17, 1959, 73 Stat. 79.)

§78p. Use of assets on dissolution or liquidation

Upon dissolution or final liquidation of the corporation, after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets, if any, of the corporation shall be distributed in accordance with the determination of the council of administration and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto.

(Pub. L. 86–47, §17, June 17, 1959, 73 Stat. 80.)

§78q. Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

(Pub. L. 86–47, §18, June 17, 1959, 73 Stat. 80.)

CHAPTER 6—UNITED STATES BLIND VETERANS OF WORLD WAR I

Sec.

81.

Corporation created.

82.

Completion of organization.

83.

Purposes of corporation.

84.

Powers of corporation.

85.

Membership.

86.

Nonpolitical nature of corporation.

87.

Exclusive right to name.

88.

Reservation of right to amend or repeal chapter.

§81. Corporation created

The following persons, to wit: James P. Funk, of Pennsylvania; Bernard Corcoran, of New York; James Kozeluh, of Arkansas; Earl Booher, of Kansas; Carl Bronner, of Michigan; Samuel Hendrickson, of Cincinnati; Harvey E. Gilbert, of Illinois; Quiller Cole, of Georgia; Lawrence A. Bunce, of Colorado; Ludwig Guminish, of New York; Richard H. Miller, junior, of Maryland; Charles R. Fear, of Pennsylvania; Oscar M. Simpkins, of Oklahoma; Everett L. Radford, of Texas; Thomas H. Huskey, of Missouri; Lee M. Brame, of Alabama; Frank O. Berg, of Wisconsin; Henry G. Beggs, of Georgia; Lawrence V. Morrow, of Missouri; Charles R. Leguerrir, of Missouri; Walter Taylor, of Missouri; Laigear Antee, of Louisiana; Alois F. Greene, of Illinois; Loyal M. Holmes, of Maryland; Newton A. Kulp, of Pennsylvania; Roswell D. Pitman, of New York; Connie L. McLean, of Texas; Hamilton C. Miles, of Ohio; John J. Austin, of South Dakota; Irvine E. Barnes, of Missouri; Bertie W. Randall, of Missouri; Max N. Kujawski, of Indiana; Charles Freeland, of Illinois; James M. Daniels, of Tennessee; William E. Yates, of Texas; Mike Kereli, of Ohio; Peter Lionudakes, of Utah; Vaclav T. Jesek, of Texas; Samuel Hillman, of Ohio; Herbert S. Journeau, of Michigan; Charles F. Ross, of New York; Morgan Rose, of New York; Walter F. Develing, of Illinois; Rudolph E. Frye, of Maryland; Steve D. Tanner, of Montana; Joseph Hulin, of North Carolina; Blaine G. Yeoman, of Oklahoma; Thomas Williams, of West Virginia; William J. Murray, of New York; Ivan E. Bushong, of Washington; Raymond Washburn, of Ohio; William P. Alexander, of Kentucky; Burl Glover, of Ohio; John H. Williams, of Washington; Joseph L. Herver, of Oklahoma; Daniel Carbone, of Pennsylvania; John J. Varga, of Connecticut; John J. Rapp, of Pennsylvania; Charles S. Bennett, of Arkansas; Richard Knigge, of Idaho; Walter Mau, of New York; Domenico Capuczi, of New York; John Kosic, of Massachusetts; Raymond S. Day, of Pennsylvania; Harry Herring, of Pennsylvania; Samuel Singer, of Massachusetts; George Graves, of Missouri; Abe Kittay, of New York; John Halahan, of Pennsylvania; Frank J. Lhota, of Pennsylvania; Edward J. Paulson, of Pennsylvania; Ellis De Witt, of the District of Columbia; Bernard Cady, of Maryland; John Marzullo, of Illinois; Joe Brew, of Pennsylvania; Lloyd Pierson, of Nebraska; Philip N. Harrison, of Pennsylvania, and their successors, are created and declared to be a body corporate of the District of Columbia. The name of this corporation shall be “The United States Blind Veterans of the World War.”

(June 7, 1924, ch. 296, §1, 43 Stat. 535.)

Section Referred to in Other Sections

This section is referred to in section 82 of this title.

§82. Completion of organization

The said persons named in section 81 of this title are hereby authorized to meet to complete the organization of said corporation by the selection of officers, the adoption of a constitution and by-laws, and and 1 to do all other things necessary to carry into effect the provisions of this chapter.

§83. Purposes of corporation

The purposes of the corporation are to bind together for their mutual fellowship and assistance those citizens of the United States of America who have served their country in war, and who bear as a mark of such service the loss of their sight and to perpetuate and keep alive the memories of their comradeship and to enable them by their organization to render what aid they can to the blind in general.

(June 7, 1924, ch. 296, §3, 43 Stat. 535.)

§84. Powers of corporation

The corporation created by this chapter shall have the following powers: To have perpetual succession with power to sue and be sued in courts of law and equity; to receive, hold, own, use, and dispose of such real estate and personal property as shall be necessary for its corporate purposes; to adopt a corporate seal and alter the same at pleasure; to adopt a constitution, bylaws, and regulations to carry out its purposes, not inconsistent with the laws of the United States or of any State; to use in carrying out the purposes of the corporation such emblems and badges as it may adopt; to establish and maintain offices for the conduct of its business; to establish State and Territorial organizations and local chapter or post organizations; to publish a magazine or other publications, and generally do any and all such acts and things as may be necessary and proper in carrying into effect the purposes of the corporation.

(June 7, 1924, ch. 296, §4, 43 Stat. 536.)

Cross References

Penalty for unauthorized manufacture, reproduction, or sale of badges or emblems of veterans’ organizations, see section 705 of Title 18, Crimes and Criminal Procedure.

§85. Membership

Any honorably discharged American veteran of the allied forces who participated in the World War and whose vision has become defective to such an extent that he is eligible for training under Supervisor for the Blind of the Veterans’ Administration, and any ex-service man who is eligible for such training shall be eligible for “active membership” in the United States Blind Veterans of the World War. The members of this corporation shall have the power to admit such other persons to “honorary” membership as they may see fit.

Change of Name

Reference to Veterans’ Administration deemed to refer to Department of Veterans Affairs pursuant to section 10 of Pub. L. 100–527, set out as a Department of Veterans Affairs Act note under section 301 of Title 38, Veterans’ Benefits.

Transfer of Functions

“Veterans’ Administration” substituted for “United States Veterans’ Bureau” pursuant to act July 3, 1930, ch. 863, §1, 46 Stat. 1016, which consolidated Bureau of Pensions, National Home for Disabled Volunteer Soldiers, and United States Veterans’ Bureau into Veterans’ Administration. Act July 3, 1930, was repealed by section 2202(125) of Pub. L. 85–56, title XXII, June 17, 1957, 71 Stat. 163. Section 201 of Pub. L. 85–56 continued Veterans’ Administration as an independent establishment in executive branch of Government. See section 301 of Title 38, Veterans’ Benefits.

§86. Nonpolitical nature of corporation

This organization shall be nonpolitical and shall not be used for the dissemination of partisan principles.

(June 7, 1924, ch. 296, §6, 43 Stat. 536.)

§87. Exclusive right to name

The corporation and its State and local subdivisions shall have the sole and exclusive right to have and to use in carrying out its purposes the name “The United States Blind Veterans of the World War.”

(June 7, 1924, ch. 296, §7, 43 Stat. 536.)

§88. Reservation of right to amend or repeal chapter

The right to repeal, alter, or amend this chapter at any time is expressly reserved.

(June 7, 1924, ch. 296, §8, 43 Stat. 536.)

CHAPTER 6A—DISABLED AMERICAN VETERANS

Sec.

90a.

Corporation created.

90b.

Completion of organization.

90c.

Purposes of corporation.

90d.

Powers of corporation.

90e.

Membership.

90f.

Nonpolitical nature of corporation.

90g.

Acquisition of assets and liabilities of existing organization.

90h.

Exclusive right to name.

90i.

Annual report.

90j.

Agents for service of process.

90k.

Reservation of right to amend or repeal chapter.

§90a. Corporation created

The following persons, to wit, Robert S. Marx, of Ohio; William J. Donovan, of New York; H. G. Lightner, of Kentucky; A. B. Powell, of Alabama; Glenn E. Miner, of Arizona; George H. H. Pratt, of Arkansas; Volney P. Mooney, junior, of California; A. E. Sherlock, of Colorado; Peter Nugent, of Connecticut; Miles H. Draper, of Florida; William E. Tate, of Georgia; Jesse J. McQueen, of Idaho; Herman H. Weimer, of Illinois; S. G. Smelser, of Indiana; Henry J. Bitters, of Iowa; E. C. Moore, of Kansas; L. C. Mayeux, of Louisiana; F. J. McCarthy, of Maine; George W. Golden, of Maryland; J. W. McQueen, of Missouri; Leon C. Waite, of Massachusetts; L. E. Sharp, of Michigan; George E. Leach, of Minnesota; Quintus E. Camp, of Mississippi; John W. Mahan, of Montana; Leonard D. Densmore, of Nebraska; I. A. Lougaris, of Nevada; E. P. Badger, of New Hampshire; W. J. Dodd, of New Jersey; Carl F. Whittaker, of New Mexico; Malcolm Smith, of North Carolina; H. J. Muehlenbein, of North Dakota; Fletcher Riley, of Oklahoma; Lile Dailey, of Oregon; J. J. O'Leary, of Pennsylvania; Arthur Cole, of Rhode Island; G. G. Blackman, of South Carolina; Albert Haugse, of South Dakota; Reuben D. Hays, of Tennessee; M. A. Harlan, of Texas; Gaylen S. Young, of Utah; Malvern S. Ellis, of Vermont; George D. Simmons, of Virginia; Miles Price, of Washington; W. J. O'Neil, of West Virginia; Reverend G. Stearns, of Wisconsin; and such persons as may be chosen who are members of the Disabled American Veterans of the World War, and their successors, are created and declared to be a body corporate. The name of this corporation shall be the “Disabled American Veterans.”

Amendments

1942—Act July 15, 1942, substituted “Disabled American Veterans” for “Disabled American Veterans of the World War”.

Section Referred to in Other Sections

This section is referred to in section 90b of this title.

§90b. Completion of organization

The said persons named in section 90a of this title, and such other persons as may be selected from among the membership of the Disabled American Veterans of the World War, an unincorporated patriotic society of the wounded and disabled soldiers, sailors, and marines of the Great War of 1917–1918, are hereby authorized to meet to complete the organization of said corporation by the selection of officers, the adoption of a constitution and by-laws, and to do all other things necessary to carry into effect the provisions of this chapter, at which meeting any person duly accredited as a delegate from any local or State organizations of the existing unincorporated organization known as the Disabled American Veterans of the World War shall be permitted to participate in the proceedings thereof.

(June 17, 1932, ch. 268, §2, 47 Stat. 320.)

§90c. Purposes of corporation

The purposes of this corporation shall be—

To uphold and maintain the Constitution and the laws of the United States, to realize the true American ideals and aims for which those eligible to membership fought; to advance the interests and work for the betterment of all wounded, injured, and disabled American veterans; to cooperate with the Department of Veterans Affairs and all other public and private agencies devoted to the cause of improving and advancing the condition, health, and interests of all wounded, injured, and disabled veterans; to stimulate a feeling of mutual devotion, helpfulness, and comradeship among all wounded, injured, and disabled veterans; to serve our comrades, our communities, and our country; and to encourage in all people that spirit of understanding which will guard against future wars.

§90d. Powers of corporation

The corporation created by this chapter shall have the following powers: To have perpetual succession with power to sue and be sued in courts of law and equity; to receive, hold, own, use, and dispose of such real estate and personal property as shall be necessary for its corporate purposes; to adopt a corporate seal and alter the same at pleasure; to adopt a constitution, bylaws, and regulations to carry out its purposes, not inconsistent with the laws of the United States or any State; to use in carrying out the purposes of the corporation such emblems and badges as it may adopt; to establish and maintain offices for the conduct of its business; to establish State and Territorial organizations and local chapter or post organizations; to publish a newspaper or other publications devoted to the purposes of the corporation; and generally to do any and all such acts and things as may be necessary and proper in carrying into effect the purposes of the corporation.

(June 17, 1932, ch. 268, §4, 47 Stat. 321.)

Cross References

Penalty for unauthorized manufacture, reproduction, or sale of badges or emblems of veterans’ organizations, see section 705 of Title 18, Crimes and Criminal Procedure.

Recognition by Secretary of Veterans Affairs of representatives of Disabled American Veterans for prosecution of claims under laws administered by Department of Veterans Affairs, see section 5902 of Title 38, Veterans’ Benefits.

§90e. Membership

Any man or woman who was wounded, gassed, injured, or disabled in line of duty during time of war while in the service of either the military or naval forces of the United States of America, and who has been honorably discharged or separated from such service, or who may still be in active service in the armed forces of the United States, is eligible for membership in the Disabled American Veterans. Others who were disabled while serving with any of the armed forces of any nations associated with the United States as allies during any of its war periods, who are American citizens and who were honorably discharged, are also eligible. The Disabled American Veterans shall not have honorary members.

Amendments

1942—Act July 15, 1942, struck out comma and inserted “and” after “nonpolitical”, inserted “and” before “as”, and substituted “person” for “persons”.

§90g. Acquisition of assets and liabilities of existing organization

Said corporation may acquire any or all of the assets of the existing unincorporated national organization known as the Disabled American Veterans of the World War upon discharging or satisfactorily providing for the payment and discharge of all its liabilities.

(June 17, 1932, ch. 268, §7, 47 Stat. 321.)

§90h. Exclusive right to name

Said corporation, and its State and local subdivisions, shall have the sole and exclusive right to have and to use in carrying out its purposes the name “Disabled American Veterans”.

Amendments

1984—Pub. L. 98–291 struck out “(a)” before “The said corporation shall” and struck out subsec. (b) which directed the corporation to make and transmit to the Comptroller General, at the close of each fiscal year, a report of its proceedings for the preceding fiscal year, including a full, complete, and itemized report of receipts and expenditures of whatever kind, which report had to be duly authorized by the Comptroller General, and which had directed the corporation to reimburse the Comptroller General for auditing its accounts, with the sums so paid to be covered into the Treasury of the United States as miscellaneous receipts.

1964—Pub. L. 88–504 struck out “, including a full and complete report of its receipts and expenditures” after “fiscal year”.

1942—Act July 15, 1942, amended section generally, changing period of annual report from calendar year to fiscal year and omitting proviso that report shall not be printed as a public document.

Effective Date of 1967 Amendment

Section 2 of Pub. L. 90–208 provided that: “The amendment made by this Act [amending this section] shall be effective with respect to each fiscal year of the Disabled American Veterans beginning after the date of enactment of this Act [Dec. 18, 1967].”

Cross References

Printing of proceedings of national encampments as House documents, see section 1332 of Title 44, Public Printing and Documents.

§90j. Agents for service of process

As a condition precedent to the exercise of any power or privilege herein granted or conferred, the Disabled American Veterans shall file in the office of the secretary of each State, in which chapters thereof may be organized, the name and post-office address of an authorized agent in such State, upon whom legal process or demands against the Disabled American Veterans may be served.

Section Referred to in Other Sections

This section is referred to in section 92 of this title.

§92. Completion of organization

The persons named in section 91 of this title and such other persons as may be selected from among the membership of American War Mothers, an association of women whose sons and daughters served the allied cause in the great World War between the dates of April 6, 1917, and November 11, 1918, are hereby authorized to meet to complete the organization of said corporation by the selection of officers, the adoption of a constitution and by-laws, and to do all other things necessary to carry into effect the provisions of this chapter, at which meeting any person duly accredited as a delegate from any local or State organization of the existing organization known as American War Mothers shall be permitted to participate in the proceedings thereof.

(Feb. 24, 1925, ch. 303, §2, 43 Stat. 967.)

§93. Object of corporation

The object of the corporation shall be to keep alive and develop the spirit that promoted world service; to maintain the ties of fellowship born of that service and to assist and further any patriotic work; to inculcate a sense of individual obligation to the community, State, and Nation; to work for the welfare of the Army and Navy; to assist in any way in their power men and women who served and were wounded or incapacitated in the World War; to foster and promote friendship and understanding between America and the Allies in the World War.

(Feb. 24, 1925, ch. 303, §3, 43 Stat. 967.)

§94. Meetings

The corporation shall hold its meetings in such place as the incorporators or their successors shall determine.

(Feb. 24, 1925, ch. 303, §4, 43 Stat. 967.)

§95. Powers of corporation

The corporation created by this chapter shall have the following powers: To have succession until the membership as hereinafter provided for shall become extinct, with power to sue and be sued in courts of law and equity; to receive, hold, own, use, and dispose of such real estate and personal property as shall be necessary for its corporate purposes; to adopt a corporate seal and alter the same at pleasure; to adopt a constitution, bylaws, and regulations to carry out its purposes, not inconsistent with the laws of the United States or of any State; to use in carrying out the purposes of the corporation such emblems and badges as it may adopt; to establish and maintain offices for the conduct of its business; to establish State, Territorial, and local subdivisions; to publish a magazine or other publications, and generally to do any and all such acts and things as may be necessary and proper to carry into effect the purposes of the corporation.

(Feb. 24, 1925, ch. 303, §5, 43 Stat. 967.)

§96. Property; exemption from taxation

All of the personal property and funds of the corporation held or used for the purposes hereof, pursuant to the provisions of this chapter, whether of principal or income, shall, so long as the same shall be so used, be exempt from taxes by the United States or any Territory or District thereof. The corporation shall not accept, own, or hold directly or indirectly any property, real or personal, except such as may be reasonably necessary to carry out the purposes of its creation as defined in this chapter.

(Feb. 24, 1925, ch. 303, §6, 43 Stat. 967.)

§97. Membership

The membership of American War Mothers is limited to women, and no woman shall be and become a member of this corporation unless she is a citizen of the United States and unless her son or sons or daughter or daughters of her blood, her legally adopted son or sons or legally adopted daughter or daughters, or her stepson or stepsons or stepdaughter or stepdaughters served in the Armed Forces of the United States or of its allies in World War I, World War II, the Korean conflict, or any subsequent war or conflict involving the United States, having an honorable discharge from such service, or being still in the service.

Amendments

1974—Pub. L. 93–267 extended membership in American War Mothers to certain adoptive mothers and stepmothers.

1953—Act June 26, 1953, substituted “Armed Forces of the United States or of its allies” for “Army or Navy of the United States, or in the military or naval service of its allies”, and extended its provisions to the Korean conflict and to any subsequent war or conflict involving the United States.

1942—Act Sept. 26, 1942, extended its provisions to include the World War commencing in 1941.

§98. Nonpolitical nature of corporation

This organization shall be nonpolitical, nonsectarian, nonpartisan, and nonprofit, and as an organization shall not promote the candidacy of any person seeking public office.

Amendments

§99. Acquisition of assets and liabilities of existing organization

Said corporation may acquire any or all of the assets of the existing organization known as American War Mothers upon discharging or satisfactorily providing for the payment and discharge of all its liabilities.

(Feb. 24, 1925, ch. 303, §9, 43 Stat. 968.)

§100. Exclusive right to name

The corporation and its State, Territorial, and local subdivisions shall have the sole and exclusive right to have and to use in carrying out its business purposes the name of American War Mothers.

(Feb. 24, 1925, ch. 303, §10, 43 Stat. 968.)

§101. Reports to Congress

The corporation shall, on or before the 1st day of January in each year, make and transmit to the Congress a report of its proceedings for the preceding calendar year: Provided, however, That said report shall not be printed as a public document.

Amendments

1964—Pub. L. 88–504 struck out “, including a full and complete report of its receipts and expenditures” after “calendar year”.

§102. Agents for service of process

As a condition precedent to the exercise of any power or privilege herein granted or conferred the corporation shall file in the office of the secretary of each State the name and post-office address of an authorized agent in such State upon whom local process or demands against American War Mothers may be served.

(Feb. 24, 1925, ch. 303, §12, 43 Stat. 968.)

§103. Charter

This charter shall take effect upon its being accepted by a majority vote of the incorporators named herein who shall be present at the first meeting of the corporation, due notice of which meeting shall be given to each of the incorporators named herein, and a notice of such acceptance shall be given by said corporation, causing a certificate to that effect, signed by its president and secretary, to be filed in the office of the recorder of deeds of the District of Columbia.

(Feb. 24, 1925, ch. 303, §13, 43 Stat. 968.)

§104. Reservation of right to amend or repeal chapter

Congress may from time to time alter, repeal, or modify this chapter of incorporation, but no contract or individual right made or acquired shall be divested or impaired.

(Feb. 24, 1925, ch. 303, §14, 43 Stat. 968.)

§105. Initial officers

The management and direction of the affairs of the corporation and the controlling and disposing of its property and funds shall be vested in the persons duly elected at the last annual convention held in Kansas City, Missouri, who shall be the officers of the American War Mothers for the year beginning October, 1923, to serve until the next annual convention to be held at Philadelphia, Pennsylvania, on October 8, 1925, or until their successors are duly appointed, and who are the following:

Amendments

1953—Act May 29, 1953, included airmen.

Section Referred to in Other Sections

This section is referred to in section 112 of this title.

§112. Completion of organization

The said persons named in section 111 of this title, or their successors, and such other persons as are duly accredited delegates from any local post or State department of the existing national association known as the Veterans of Foreign Wars of the United States, under its constitution and bylaws, are hereby authorized to meet and to complete the organization of said corporation, by the adoption of a constitution and bylaws, the election of officers, and to do all other things necessary to carry into effect and incidental to, the provisions of this chapter.

(May 28, 1936, ch. 471, §2, 49 Stat. 1390.)

§113. Purposes of corporation

The purposes of this corporation shall be fraternal, patriotic, historical, and educational; to preserve and strengthen comradeship among its members; to assist worthy comrades; to perpetuate the memory and history of our dead, and to assist their widows and orphans; to maintain true allegiance to the Government of the United States of America, and fidelity to its Constitution and laws; to foster true patriotism; to maintain and extend the institutions of American freedom; and to preserve and defend the United States from all her enemies, whomsoever.

(May 28, 1936, ch. 471, §3, 49 Stat. 1391.)

§114. Powers of corporation

The corporation created by this chapter shall have the following powers: To have perpetual succession with power to sue and be sued in courts of law and equity; to receive, hold, own, use, and dispose of such real estate, personal property, money, contract, rights, and privileges as shall be deemed necessary and incidental for its corporate purposes; to adopt a corporate seal and alter the same at pleasure; to adopt, amend, apply, and administer a constitution, bylaws, and regulations to carry out its purposes, not inconsistent with the laws of the United States or of any State; to adopt, and have the exclusive right to manufacture and use such emblems and badges as may be deemed necessary in the fulfillment of the purposes of the corporation; to establish and maintain offices for the conduct of its business; to establish, regulate, or discontinue subordinate State and Territorial subdivisions and local chapters or posts; to publish a magazine or other publications, and generally to do any and all such acts and things as may be necessary and proper in carrying into effect the purposes of the corporation.

(May 28, 1936, ch. 471, §4, 49 Stat. 1391.)

Cross References

Loan or gift of condemned or obsolete material by Secretary of military department or Secretary of Treasury, see section 2572 of Title 10, Armed Forces.

Penalty for unauthorized manufacture, reproduction, or sale of badges or emblems of veterans’ organizations, see section 705 of Title 18, Crimes and Criminal Procedure.

Recognition by Secretary of Veterans Affairs of representatives of Veterans of Foreign Wars for prosecution of claims under laws administered by Department of Veterans Affairs, see section 5902 of Title 38, Veterans’ Benefits.

§115. Membership

A person may not be a member of the corporation created by this chapter unless that person—

(1) served honorably as a member of the Armed Forces of the United States in a foreign war, insurrection, or expedition, which service has been recognized as campaign-medal service and is governed by the authorization of the award of a campaign badge by the Government of the United States; or

(2) while a member of the Armed Forces of the United States, served honorably on the Korean peninsula or in its territorial waters for not less than 30 consecutive days, or a total of 60 days, after June 30, 1949.

Amendments

1995—Pub. L. 104–3 amended section generally. Prior to amendment, section read as follows: “No person shall be a member of this corporation unless he has served honorably as an officer or enlisted man in the Armed Forces of the United States of America in any foreign war, insurrection, or expedition, which service shall be recognized as campaign-medal service and governed by the authorization of the award of a campaign badge by the Government of the United States of America.”

1953—Act May 29, 1953, extended membership eligibility to all persons who have served in Armed Forces and are otherwise eligible.

§116. Acquisition of assets and liabilities of existing association

Said corporation may and shall acquire all of the assets of the existing national association known as the Veterans of Foreign Wars of the United States upon discharging or satisfactorily providing for the payment discharge 1 of all its liabilities.

§117. Exclusive right to name, seal, emblems, and badges

The said corporation shall have the sole and exclusive right to have and to use, in carrying out its purposes, the name “Veterans of Foreign Wars of the United States” and the sole and exclusive right to the use of its corporate seal, emblems, and badges as adopted by said corporation.

(May 28, 1936, ch. 471, §7, 49 Stat. 1391.)

Cross References

Penalty for unauthorized manufacture, reproduction, or sale of badges or emblems of veterans’ organizations, see section 705 of Title 18, Crimes and Criminal Procedure.

§118. Annual report

Said corporation shall, on or before the 1st day of January in each year, make and transmit to the Congress a report of its proceedings for the preceding fiscal year: Provided, however, That said report shall not be printed as a public document.

Amendments

1964—Pub. L. 88–504 struck out “, including a full and complete report of its receipts and expenditures” after “fiscal year” and “financial” before “report shall not be printed”.

Cross References

Printing of proceedings of national encampments as House documents, see section 1332 of Title 44, Public Printing and Documents.

§119. Agents for service of process

As a condition precedent to the exercise of any power or privilege herein granted or conferred, the Veterans of Foreign Wars of the United States shall file in the office of the Secretary of State of each State the name and post-office address of an authorized agent in such State upon whom legal process or demands against the Veterans of Foreign Wars of the United States may be served.

(May 28, 1936, ch. 471, §9, 49 Stat. 1391.)

§120. Reservation of right to amend or repeal chapter

The right to repeal, alter, or amend this chapter at any time is expressly reserved.

Reimbursement of agencies for salary, pay, and allowances of assigned personnel.

122b.

Military cemeteries in foreign countries; determination as permanent cemeteries; selection of new sites; design and construction; maintenance; construction by Armed Forces; burials and reburials; re-entry.

123.

Powers and duties as to memorials.

124.

Approval of designs for memorials.

125.

Erection of war memorials.

(a)

Cooperation with States, etc.

(b)

Control, administration, and maintenance of war memorials by Commission.

(c)

Demolition of war memorials erected on foreign soils and other functions of Commission.

(d)

“Sponsors” defined.

125a.

Erection of works in National Memorial Cemetery of the Pacific.

125b.

Pacific War Memorial and other historical and memorial sites on Corregidor in Republic of the Philippines.

(a)

Operation by ABMC.

(b)

Condition.

(c)

Personnel.

(d)

Use of other agencies.

(e)

Funding.

(f)

Authority to solicit funds.

(g)

Fund.

(h)

Authorization of funding.

126.

Repealed.

127.

Arrangements with foreign countries.

128.

Funds received from States, municipalities, or private sources.

129, 130.

Repealed.

131.

Statements to President.

132.

Transfer of administrative functions, supplies, materials and equipment to Commission; maintenance of cemeteries located in foreign countries.

133.

Disbursing agent for disbursement of expenditures outside continental United States.

134 to 135a. Omitted or Repealed.

136.

Seal of Commission; judicial notice.

137.

Disposition of land in foreign countries.

138.

Records and archives.

138a.

Appropriations.

138b.

Acquisition and disposition of land in foreign countries; operation of vehicles; establishment of offices; printing authority; contract power; effective date; delegation of authority; claims against Commission.

The Commission, known as the American Battle Monuments Commission (referred to in sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title as the Commission), shall consist of not more than eleven members who shall be appointed by the President, who shall also appoint one officer of the Regular Army to serve as its secretary. The members and secretary shall serve at the pleasure of the President who shall fill any vacancies that from time to time occur. Notwithstanding any other provision of law, members of the armed forces of the United States may be appointed members of the Commission.

The members of the Commission shall serve as such without compensation, except that (1) their actual expenses in connection with the work of the Commission, (2) when in a travel status outside the continental United States, a per diem at the same rate prescribed for members of the uniformed services under section 405 of Title 37, in lieu of subsistence, and (3) when in a travel status within the continental United States, a per diem at the same rate authorized to be paid under sections 5702 and 5703 of Title 5, in lieu of subsistence, may be paid to such members from any funds appropriated for the purposes of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title, or acquired by other means hereinafter authorized.

Upon the request of the Commission, the heads of the Federal departments or agencies are authorized to designate such personnel, and to make available to the Commission such facilities, of their respective departments or agencies, or of the Army, Navy, Air Force, or Marine Corps, as the case may be, as may be necessary to assist in carrying out the purposes of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title, and may expend for such purposes any funds appropriated to such departments, agencies, and services, with reimbursement from the Commission for the pay and allowances of the personnel so designated. The Commission is authorized to employ such further personnel as may be necessary to carry out the purposes of such sections, within the limits of any appropriation or appropriations made for such purposes. To ensure adequate care and maintenance of the cemeteries, monuments, and memorials under the jurisdiction of the Commission, the Commission, subject to the availability of appropriations, shall employ (1) not less than 50 personnel in the competitive service (as defined in section 2102 of title 5, of whom not less than 43 shall be assigned to duty in foreign countries in which such cemeteries, monuments, and memorials are located, and (2) not less than 348 individuals who are citizens of the countries in which such cemeteries, monuments, and memorials are located, who shall be hired for local employment relating to the care and maintenance of such cemeteries, monuments, and memorials. No individual may be employed as the superintendent, or as an assistant superintendent, of a cemetery operated by the Commission unless such individual is a citizen of the United States.

The provisions of this subsection shall take effect on the first day of the first calendar month following the date of enactment of this Act.

References in Text

This subsection, referred to in text, probably refers to the second and third undesignated paragraphs of this section as amended by act July 25, 1956.

The date of enactment of this Act, referred to in text, probably means the date of enactment of act July 25, 1956, which was approved July 25, 1956.

Amendments

1989—Pub. L. 101–237 substituted “members of the armed forces” for “commissioned officers of the armed forces” in third sentence.

1980—Pub. L. 96–385, subject to available appropriations, required employment of at least 50 persons in the competitive service, including not less than 43 individuals for foreign assignment, for care and maintenance of cemeteries, monuments, and memorials, and at least 348 local citizens for employment at foreign locations.

1978—Pub. L. 95–479 inserted provision prohibiting the employment of an individual as superintendent or assistant superintendent of a cemetery unless such individual is a citizen of the United States.

1976—Pub. L. 94–256 substituted provisions authorizing the members of the Commission to receive a per diem at the same rate prescribed under section 405 of Title 37, when in a travel status outside the continental United States, and a per diem at the same rate authorized to be paid under sections 5702 and 5703 of Title 5 when in travel status within the continental United States, for provisions authorizing a per diem of $40 in lieu of subsistence when in travel status outside the continental United States, and a per diem at the same rate authorized to be paid under section 5703(c)(1) when in travel status within the continental United States.

1970—Pub. L. 91–480 substituted provisions authorizing members of the Commission to receive a per diem of $40 in lieu of subsistence when in a travel status outside the continental United States, and a per diem at the same rate authorized to be paid under section 5703(c)(1) of Title 5 when in a travel status within the continental United States, for provisions authorizing a per diem of $20 in lieu of subsistence when in a travel status.

1956—Act July 25, 1956, authorized payment of a per diem in lieu of subsistence, made the facilities of Federal departments or agencies available to the Commission, included personnel and facilities of the Air Force, and permitted expenditure of funds appropriated to Federal departments or agencies with reimbursement from the Commission.

1946—Act June 26, 1946, increased the number of Commission members from seven to eleven.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–385 effective Oct. 1, 1980, see section 601(b) of Pub. L. 96–385, set out as a note under section 1114 of Title 38, Veterans’ Benefits.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–479 effective Oct. 1, 1978, see section 401 of Pub. L. 95–479, set out as a note under section 1114 of Title 38, Veterans’ Benefits.

Appropriations

Section 11 of act Mar. 4, 1923, authorized appropriations to effectuate original provisions of act Mar. 4, 1923, which were classified to sections 121 and 123 to 132 of this title.

Section Referred to in Other Sections

This section is referred to in sections 125, 127, 128, 138a, 138b of this title.

§121a. Omitted

Codification

Section, act Mar. 28, 1946, ch. 113, title I, §101, 60 Stat. 62, which authorized Commission to delegate to its chairman, secretary, or officials in charge of either the Washington or Paris offices such of its authority as it deemed necessary and proper, was from the Independent Offices Appropriation Act, 1947, and was not repeated in subsequent appropriation acts. See section 138b of this title. Similar provisions were contained in the following prior appropriation acts:

May 3, 1945, ch. 106, title I, §101, 59 Stat. 108.

June 27, 1944, ch. 286, title I, §101, 58 Stat. 363.

June 26, 1943, ch. 145, title I, §101, 57 Stat. 171.

June 27, 1942, ch. 450, §1, 56 Stat. 395.

Apr. 5, 1941, ch. 40, §1, 55 Stat. 95.

Apr. 18, 1940, ch. 107, §1, 54 Stat. 114.

Mar. 16, 1939, ch. 11, §1, 53 Stat. 525.

May 23, 1938, ch. 259, §1, 52 Stat. 412.

June 28, 1937, ch. 396, §1, 50 Stat. 331.

Mar. 19, 1936, ch. 156, §1, 49 Stat. 1169.

Feb. 2, 1935, ch. 3, §1, 49 Stat. 7.

§121b. Station allowance for Army officers serving on Commission

Where station allowance has been authorized by the Department of the Army for officers of the Army serving the Army at certain foreign stations, the same allowance shall be authorized for officers of the Armed Forces assigned to the Commission while serving at the same foreign stations.

(Sept. 28, 1994, Pub. L. 103–327, title III, 108 Stat. 2317.)

Codification

Section is from the appropriation act cited as the credit to this section.

Prior Provisions

Provisions similar to those in this section were contained in the following prior appropriation acts:

Cross References

Travel and transportation allowances to officers of the Army, see section 401 et seq. of Title 37, Pay and Allowances of the Uniformed Services.

§122. Expenses of officers of Armed Forces serving on Commission

When traveling on business of the Commission, officers of the Armed Forces serving as members or as Secretary of the Commission may be reimbursed for expenses as provided for civilian members of the Commission.

(Sept. 28, 1994, Pub. L. 103–327, title III, 108 Stat. 2317.)

Codification

Section is from the appropriation act cited as the credit to this section.

Prior Provisions

Provisions similar to those in this section were contained in the following prior appropriation acts:

§122b. Military cemeteries in foreign countries; determination as permanent cemeteries; selection of new sites; design and construction; maintenance; construction by Armed Forces; burials and reburials; re-entry

When, as a result of combat operations, the Armed Forces shall establish military cemeteries in zones of operations outside the United States and its Territories and possessions, the Commission and the Secretary of the Army immediately upon the cessation of hostilities, shall determine which of the cemeteries so established, if any, shall become permanent cemeteries or, as they may deem desirable, select new sites at any other location for such cemeteries. The Commission shall be solely responsible for the design and construction of such permanent cemeteries, and of all buildings, plantings, headstones, and other permanent improvements incidental thereto except that (1) the Armed Forces shall be responsible for the maintenance of such permanent cemeteries until such time as the Commission shall express its readiness to assume the functions of administration hereinafter authorized, (2) all construction undertaken by the Armed Forces in establishing and maintaining the cemetery prior to its transfer to the Commission shall be nonpermanent in nature, (3) burials and reburials therein by the Armed Forces shall be carried out in accordance with plans prepared by the Commission, (4) the Armed Forces shall have the right to re-enter any cemeteries transferred to the Commission for the purpose of making exhumations or reinterments should they deem any such action to be necessary.

Section Referred to in Other Sections

This section is referred to in sections 121, 125, 127, 128, 138a, 138b of this title.

§123. Powers and duties as to memorials

The Commission shall prepare plans and estimates for the erection of suitable memorials to commemorate the services of the American Armed Forces, and shall erect and maintain memorials in the United States and at such places outside the United States where the American Armed Forces have served since April 6, 1917, or shall hereafter serve, as the Commission shall determine. The Commission shall also erect and maintain works of architecture and art in such American cemeteries located outside of the United States, its Territories, and possessions, as have been or may hereafter be declared to be permanent cemeteries. Works of architecture and art erected by the Commission in cemeteries within the United States, its Territories and possessions, shall be maintained by the Department of Defense.

The Commission shall control as to materials and design and provide regulations for, and supervise the erection of, all memorial monuments and buildings in American cemeteries located outside the United States, its Territories, and possessions.

The Commission shall control as to design and provide regulations for the erection of all memorial monuments and buildings commemorating the services of the American Armed Forces erected in any foreign country or political division thereof which may authorize the Commission to perform such functions.

Amendments

1956—Act July 25, 1956, §3(b), amended section generally, requiring maintenance of works of architecture and art by the Department of Defense and striking out provisions which gave the Commission control over memorial monuments and buildings upon federally owned or controlled property in the United States or in its Territories and possessions, except national cemeteries.

1946—Act June 26, 1946, extended authority and field of operations of Commission to cover all battlefields and cemeteries throughout the world.

Transfer of Functions

Functions of War Department [now Department of the Army] pertaining to national cemeteries and memorials located in foreign countries transferred to American Battle Monuments Commission by Ex. Ord. No. 6614, Feb. 26, 1934. Ex. Ord. No. 6690, Apr. 25, 1934, provided that Ex. Ord. No. 6614 should become effective May 21, 1934.

Transfer of administration of national monuments to National Park Service, see Ex. Ord. No. 6166, §2, June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees.

Surrender Tree Site in Santiago, Cuba

Pub. L. 85–125, Aug. 13, 1957, 71 Stat. 344, provided: “That the American Battle Monuments Commission is responsible for the care and maintenance of the Surrender Tree site in Santiago, Cuba. This Act takes effect on the next July 1, after the date of its enactment [Aug. 13, 1957].”

Cross References

National and international monuments and memorials generally, see section 431 et seq. of Title 16, Conservation.

Section Referred to in Other Sections

This section is referred to in sections 121, 122b, 125, 127, 128, 138a, 138b of this title.

§124. Approval of designs for memorials

Before any design for any memorial is accepted by the Commission, it shall be approved by the National Commission of Fine Arts.

Amendments

Section Referred to in Other Sections

This section is referred to in sections 121, 125, 127, 128, 138a, 138b, 1381e of this title.

§125. Erection of war memorials

(a) Cooperation with States, etc.

The Commission is authorized to cooperate with American citizens, States, municipalities, or associations desiring to erect war memorials outside the continental limits of the United States in such manner as may be determined by the Commission: Provided, That no assistance in erecting any such memorial shall be given by any administrative agency of the United States unless the plan has been approved in accordance with the provisions of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title.

(b) Control, administration, and maintenance of war memorials by Commission

(1) The Commission is authorized, in its discretion, to assume responsibility for the control, administration, and maintenance of any war memorial erected before, on, or after the effective date of this subsection outside the United States by an American citizen, a State, a political subdivision of a State, any other non-Federal governmental agency, foreign agency, or private association to commemorate the services of any of the American Armed Forces in hostilities occurring since April 6, 1917, if (A) the memorial is not erected on the territory of the former enemy concerned, and (B) the sponsors of the memorial consent to the Commission assuming such responsibilities and transfer to the Commission all their right, title, and interest in the memorial. If reasonable effort fails to locate the sponsors of a memorial, the Commission may assume responsibility therefor under this subsection by agreement with the appropriate foreign authorities. A decision of the Commission to assume responsibility for any war memorial under this subsection is final.

(2) Any funds accumulated by the sponsors for the maintenance and repair of a war memorial for which the Commission assumes responsibility under this subsection may be transferred to the Commission for use in carrying out the purpose of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title. Any such funds so transferred shall be deposited by the Commission in the manner provided for in section 128 of this title.

(c) Demolition of war memorials erected on foreign soils and other functions of Commission

The Commission is authorized to take necessary measures to demolish any war memorial erected on foreign soil by an American citizen, a State, a political subdivision of a State, any other non-Federal governmental agency, foreign agency, or private association and to dispose of the site of such memorial in such manner as it deems proper, if—

(1) the appropriate foreign authorities agree to such demolition; and

(2) the sponsors of the memorial consent to such demolition; or

(3) the memorial has fallen into disrepair and a reasonable effort on the part of the Commission has failed—

(A) to persuade the sponsors to maintain the memorial at a standard acceptable to the Commission, or

(B) to locate the sponsors.

(d) “Sponsors” defined

As used in this section, the term “sponsors” includes the legal successors to the sponsor.

Maintenance and Repair of Pacific Battle Monuments

“(a) Authority.—The Commandant of the Marine Corps may provide necessary minor maintenance and repairs to the Pacific battle monuments until such time as the Secretary of the American Battle Monuments Commission and the Commandant of the Marine Corps agree that the repair and maintenance will be performed by the American Battle Monuments Commission.

“(b) Funding.—Of the amounts authorized to be appropriated to the Marine Corps for operation and maintenance in a fiscal year, not more than $15,000 may be made available to repair and maintain Pacific battle monuments, except that of the amounts available to the Marine Corps for operation and maintenance in fiscal year 1994, $150,000 may be made available to repair and relocate a monument located on Iwo Jima commemorating the heroic efforts of United States military personnel during World War II.”

Section Referred to in Other Sections

This section is referred to in sections 121, 127, 128, 138a, 138b of this title.

§125a. Erection of works in National Memorial Cemetery of the Pacific

The Commission is authorized to erect such works of architecture and art in the National Memorial Cemetery of the Pacific as may be determined by the Commission with the consent of the Secretary of the Army.

(June 24, 1954, ch. 359, title I, §101, 68 Stat. 275.)

Codification

Section was not repeated in any subsequent appropriation act, which made appropriations for the American Battle Monuments Commission.

The proviso that the Commission may reimburse other Government agencies, including the Armed Forces, for salary, pay, and allowances of personnel assigned to it, was omitted in view of section 122a of this title.

§125b. Pacific War Memorial and other historical and memorial sites on Corregidor in Republic of the Philippines

(a) Operation by ABMC

Subject to subsection (b) of this section and to the agreement referred to in such subsection, the American Battle Monuments Commission shall restore, operate, and maintain the Pacific War Memorial and other historical and memorial sites on Corregidor in the Republic of the Philippines.

(b) Condition

The Commission may carry out this section only after an agreement has been entered into between the Republic of the Philippines and the United States with respect to the restoration, operation, and maintenance of the Memorial and other historical and memorial sites referred to in subsection (a) of this section.

(c) Personnel

The Commission may employ personnel as may be necessary to carry out this section.

(d) Use of other agencies

Departments, agencies, and other instrumentalities of the United States are authorized to assist the Commission, on a reimbursable basis, in carrying out this section.

(e) Funding

The American Battle Monuments Commission shall carry out this section with private funds except to the extent funds are appropriated pursuant to subsection (h) of this section.

(f) Authority to solicit funds

For the purpose of carrying out this section, the Commission may solicit and accept private contributions and shall deposit such contributions in the fund established by subsection (g) of this section.

(g) Fund

(1) There is hereby established in the Treasury a fund which shall be available to the American Battle Monuments Commission only for carrying out this section. The fund shall consist of—

(A) amounts deposited into, and interest and proceeds credited to, the fund under paragraph (2); and

(B) obligations obtained under paragraph (3).

(2) The Chairman of the Commission shall deposit into the fund the amounts that are accepted under subsection (f) of this section. The Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from sale or redemption of, obligations held in the fund.

(3) The Secretary of the Treasury shall invest any portion of the fund that, as determined by the Chairman of the Commission, is not required to meet current expenses. Each investment shall be made in an interest-bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Chairman of the Commission, has a maturity suitable for the fund.

(4) Amounts in the fund that are in excess of the costs of carrying out this section, as determined by the Chairman of the Commission, shall be deposited in the Treasury as miscellaneous receipts to reimburse the United States for funds appropriated pursuant to subsection (h) of this section.

(h) Authorization of funding

There are hereby authorized to be appropriated—

(1) $6,000,000 for site preparation, design, planning, construction, and associated administrative costs for the restoration of the Memorial and other historical and memorial sites referred to in subsection (a) of this section; and

(2) such sums as may be necessary for the operation and maintenance of such Memorial and other historical and memorial sites.

§127. Arrangements with foreign countries

The President is requested to make the necessary arrangements with the proper authorities of the countries concerned to enable the Commission to carry out the purposes of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title.

Amendments

Section Referred to in Other Sections

This section is referred to in sections 121, 125, 128, 138a, 138b of this title.

§128. Funds received from States, municipalities, or private sources

The Commission is authorized to receive funds from any State, municipal, or private source for the purpose of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title, and such funds shall be deposited by the Commission with the Treasurer of the United States and shall be kept by him in separate accounts and shall be disbursed upon vouchers approved by the Chairman of the Commission.

Amendments

Section Referred to in Other Sections

This section is referred to in sections 121, 125, 127, 128, 138a, 138b of this title.

§132. Transfer of administrative functions, supplies, materials and equipment to Commission; maintenance of cemeteries located in foreign countries

The President may by Executive order transfer to the Commission, with respect to any permanent military cemeteries located outside of the United States, its Territories and possessions, the same functions of administration which were transferred to the Commission by Executive Order 6614, dated February 26, 1934, and Executive Order 10057, dated May 14, 1949, as amended by Executive Order 10087, dated December 3, 1949, together with any supplies, materials and equipment located therein or in military depots overseas which are excess to the needs of the Department of Defense and are requested by the Commission for the performance of such functions. Thereafter the Commission shall be responsible for the maintenance of such cemetery and of all improvements therein.

References in Text

Executive Order 10057, dated May 14, 1949, as amended by Executive Order 10087, dated December 3, 1949, referred to in text, is set out below.

Amendments

1956—Act July 25, 1956, §4(b), amended section generally, substituting “permanent military cemeteries” for “national cemeteries”, included Executive Orders 10057 and 10087, authorized transfer of supplies, materials and equipment, and inserted provisions making the Commission responsible for the maintenance of such cemeteries and improvements therein.

1946—Act June 26, 1946, amended section generally.

Ex. Ord. No. 9873. Administration of the Mexico City National Cemetery

Ex. Ord. No. 9873, July 16, 1947, 12 F.R. 4777, provided:

By virtue of the authority vested in me by section 12 of the act of March 4, 1923, as amended by the act of June 26, 1946, 60 Stat. 318 [this section], and as President of the United States, it is hereby ordered as follows:

1. All functions of administration pertaining to the Mexico City National Cemetery, located in Mexico City, Calazada, Molchor, Ocampo 31, Mexico, DF, now vested in or exercised by the War Department, together with the field civilian personnel, records, supplies, equipment, and property of every kind pertaining thereto, are hereby transferred from the War Department to the American Battle Monuments Commission.

2. The unexpended balances of appropriations or allotments of appropriations which are now, or may become, available to the War Department for the performance of the functions transferred by this order shall be transferred to the American Battle Monuments Commission to such extent as the Director of the Bureau of the Budget may deem necessary.

Ex. Ord. No. 10057. Transfer of Certain Functions Pertaining to United States Military Cemeteries

By virtue of the authority vested in me by section 12 of the act of March 4, 1923, 42 Stat. 1509, as amended by the act of June 26, 1946, 60 Stat. 318 [this section], and as President of the United States, it is hereby ordered as follows:

1. All functions of administration pertaining to World War II United States Military Cemeteries located in or near Cambridge, England; Margraten, the Netherlands; Hamm, Luxembourg; Henri-Chapelle, Belgium; Neuvilleen-Condroz, Belgium; St. Laurent, France; St. James, France; Epinal, France; St. Avold, France; Draguignan, France; Nettuno (Anzio), Italy; Florence, Italy; Tunis (Carthage), Tunisia; and Ft. McKinley, Philippine Islands, now vested in or exercised by the Secretary of the Army pursuant to the act of May 16, 1946, c. 261, 60 Stat. 182, as amended by the act of August 5, 1947, c. 497, 61 Stat. 779, together with (a) such supplies, equipment, temporary structures, utilities and facilities pertaining thereto as are located therein or are in depots or other places overseas under the jurisdiction of the American Graves Registration Service and are determined by the American Battle Monuments Commission to be required for the discharge of its responsibilities under this order, and (b) the cemetery records currently maintained for the operation of such cemeteries, including records pertinent to the acquisition of real estate upon which the cemeteries and their appurtenances are situated, are hereby transferred to the American Battle Monuments Commission; such transfer to become effective as to any particular cemetery or group of cemeteries upon the completion of the operational mission of the Department of the Army with respect to such cemetery or group of cemeteries, but in no instance later than December 31, 1951, or at such earlier date as may be determined by the President or the Congress pursuant to the said act of May 16, 1946, as amended by the act of August 5, 1947.

2. The Department of the Army shall have the right to re-enter any of such cemeteries subsequent to the effective date of the transfer of functions with respect thereto for the purpose of making exhumations or reinterments should any such action become necessary.

3. There shall be transferred to the American Battle Monuments Commission so much of the unexpended balances of appropriations now, or which may become, available to the Department of the Army for the performance of the functions transferred by the provisions of this order as the Director of the Bureau of the Budget may deem necessary for use prior to July 1, 1950, in connection with such functions.

Ex. Ord. No. 12115. Permanent American Cemetery in Republic of Panama

Ex. Ord. No. 12115, Jan. 19, 1979, 44 F.R. 4645, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including Section 10 of the Act of March 4, 1923 (42 Stat. 1509), as amended (36 U.S.C. 132), and to implement the intent of the United States Senate (124 Cong. Rec. S3857 of March 16, 1978) as set forth by Reservations (1) and (3) to the Resolution of Ratification of the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal, it is hereby ordered as follows:

1–101. The Secretary of State shall take all appropriate steps to complete, prior to the date of entry into force of the Treaty Concerning the Permanent Neutrality and Operation of the Panama Canal, hereinafter referred to as the Neutrality Treaty, the negotiations which have begun with the Republic of Panama for an agreement under which the United States of America would, upon the date of entry into force of such agreement and thereafter, administer as a permanent American cemetery such part of Corozal Cemetery as encompasses the remains of citizens of the United States of America.

1–102. Subject to the conclusion of the agreement referred to in Section 1–101 of this Order, the American Battle Monuments Commission shall administer that part of Corozal Cemetery which encompasses the remains of citizens of the United States of America, in accordance with the terms of the agreement with the Republic of Panama.

1–103. The Governor of the Canal Zone shall, to the extent funds are available, disinter from Mount Hope Cemetery, before entry into force of the Neutrality Treaty, and reinter in Corozal Cemetery the remains of United States citizens, and the remains of members of their immediate family that are buried with them. The Governor shall not remove from Mount Hope Cemetery the remains of any such person whose next of kin timely requests in writing that such remains not be disinterred. The Governor shall transport to the United States for reinterment the remains of any such person whose next of kin timely requests in writing that such remains be transported to the United States for reinterment.

1–104. The Secretary of Defense shall, to the extent funds are available, disinter from Corozal Cemetery and transport to the United States for reinterment the remains of United States citizens, and the remains of members of their immediate family buried with them, whose next of kin requests in writing by April 1, 1982, that such remains be transported to the United States for reinterment.

1–105. Subject to the availability of funds, all the costs incurred in the disinterment, reinterment in Corozal Cemetery, and transportation of remains required by this Order, including the costs of preparation, cremation if requested, and a casket or urn, shall be borne by the United States of America. The costs of reinterment in the United States, including any costs for funeral home services, vaults, plots, or crypts, will be the responsibility of the next of kin making the request, except to the extent otherwise provided by law, including any unused specific entitlements available pursuant to statute.

1–106. (a) The Governor of the Canal Zone shall identify, to the extent feasible, the closest surviving next of kin of each deceased United States citizen buried in the Mount Hope and Corozal Cemeteries, and of such next of kin of each member of the immediate family that is buried with such United States citizen.

(b) The Governor shall provide notice to the next of kin of such deceased buried in Mount Hope Cemetery that the Government plans to remove the deceased to Corozal Cemetery unless the next of kin requests in writing, not later than three months after the first issuance of such notification, either that the remains not be removed from Mount Hope Cemetery, or that the remains be moved to, and reinterred in, the United States in a cemetery or other burial site designated by the next of kin.

(c) The Governor shall also provide notice to the next of kin of such deceased who are buried in Corozal Cemetery that the Government will disinter and transport such deceased to the United States for reinterment in a cemetery or other burial site designated by the next of kin, if the next of kin so requests in writing not later than April 1, 1982.

(d) The Governor shall publish the notices provided for in subsections (b) and (c) of this Section in appropriate newspapers, magazines and other periodicals, and utilize such other means of communicating with the next of kin that he finds to be practical and effective.

1–107. The Governor of the Canal Zone shall, before the entry into force of the Neutrality Treaty, fully advise the next of kin of all available options, and their implications, in those cases where a request has been made that remains not be removed from Mount Hope Cemetery.

1–108. The Secretary of the Army shall supervise the planned removal of the remains from Mount Hope Cemetery to Corozal Cemetery and shall ensure compliance with the wishes of any next of kin who, within the time specified in clause B(i) to the Third Reservation to the Neutrality Treaty, objects to such removal.

1–109. As used in this Order:

(a) “Next of kin” means the person whom the Governor of the Canal Zone determines to be the nearest living relative, by consanguinity or affinity, of a person buried at Mount Hope Cemetery or Corozal Cemetery.

(b) “Members of their immediate family” means the spouse, children, mother or father of the deceased United States citizen.

Jimmy Carter.

Section Referred to in Other Sections

This section is referred to in sections 121, 125, 127, 128, 138a, 138b of this title.

§133. Disbursing agent for disbursement of expenditures outside continental United States

On and after February 11, 1927, disbursements for expenditures outside of continental United States may be made by a special disbursing agent designated by the commission and under such regulations as it may prescribe.

(Feb. 11, 1927, ch. 104, 44 Stat. 1071.)

Prior Provisions

Provisions similar to those in this section were contained in the following prior appropriation acts:

Section 135, act Mar. 28, 1946, ch. 113, title I, §101, 60 Stat. 62, related to power to contract for work in Europe, etc., and has not been repeated in subsequent appropriation acts. See section 138b of this title. Similar provisions were contained in the following prior appropriation acts:

§136. Seal of Commission; judicial notice

The commission shall have a seal, which shall be judicially noticed.

(Feb. 11, 1927, ch. 104, §1, 44 Stat. 1071.)

§137. Disposition of land in foreign countries

The commission may, under such terms and conditions and in such manner as the commission may in its discretion deem necessary and proper dispose of any land or interest in land in foreign countries which has been or may hereafter be acquired by the commission in connection with its work.

(Feb. 11, 1927, ch. 104, §1, 44 Stat. 1071.)

Codification

Provisions of this section were to be superseded by the third paragraph of section 138b of this title upon the expiration of the Surplus Property Act of 1944. See References in Text note set out under section 138b of this title.

§138. Records and archives

The records and archives of the Commission, shall, when no longer required by the Commission, be deposited with the National Archives in accordance with the provisions of section 2107 of title 44.

Amendments

1956—Act July 25, 1956, §4(a), substituted “when no longer required by the Commission” for “upon the termination of its duties” and required deposit of records and archives in accordance with the provisions of the Federal Records Act of 1950 (44 U.S.C. 397).

1946—Act June 26, 1946, amended section generally. Former provisions of this section are covered by section 138a of this title.

Transfer of Functions

National Archives Establishment transferred to General Services Administration by act June 30, 1949, ch. 288, title I, §104(a), 63 Stat. 381. On Dec. 11, 1949, National Archives and Records Service, under direction of Archivist of the United States, established by Administrator of General Services to succeed National Archives Establishment. National Archives and Records Service of General Services Administration transferred to National Archives and Records Administration, see section 2102 of Title 44, Public Printing and Documents, and sections 103 to 106 and 108 of Pub. L. 98–497, set out as notes under section 2102 of Title 44.

Effective Date of Transfer of Functions

Transfer of functions as effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of Title 40, Public Buildings, Property, and Works.

Section Referred to in Other Sections

This section is referred to in sections 121, 125, 127, 128, 138a, 138b of this title.

§138a. Appropriations

Such sum or sums as Congress may after June 26, 1946, appropriate for the purposes of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title are authorized to be appropriated.

Within the limits of any appropriation or appropriations made for the purposes of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title, the Commission is authorized (1) to acquire land or interest in land in foreign countries for carrying out the purposes of said sections or of any Executive order conferring functions upon the Commission without submission to the Attorney General of the United States under the provisions of section 255 of title 40; (2) to maintain, repair, and operate motor-propelled passenger-carrying vehicles and other property, which may be furnished to the Commission by other departments of the Government; (3) to establish offices in the District of Columbia and elsewhere in or outside of the United States; (4) to rent office and garage space in foreign countries which may be paid for in advance; (5) to procure printing, binding, engraving, lithographing, photographing, and typewriting, including the publication of information concerning the American activities, battlefields, memorials, and cemeteries with respect to which it may exercise any functions.

Notwithstanding the requirements of existing laws or regulations, under such terms and conditions as the Commission may in its discretion deem necessary and proper, the Commission may contract for work, supplies, materials, and equipment outside or for use outside of the United States and engage, by contract or otherwise, the services of architects, firms of architects, and other technical and professional personnel.

The Commission may under such terms and conditions and in such manner as it may deem proper dispose of any land or interest in land in foreign countries which has been or may after June 26, 1946, be acquired by the Commission in connection with its work: Provided, That this subsection shall not be effective until the expiration of the Surplus Property Act of 1944.

Claims of the type described in section 2734 of title 10, on account of damage to or loss or destruction of property both real and personal, or personal injury or death of any person, arising on or after July 25, 1956 and caused by the negligent or wrongful act or omission of any officer or civilian employee of the Commission while acting within the scope of his office or employment, may be considered, ascertained, adjusted, determined, and paid in the manner provided in section 2734 of title 10 for the settlement of Army claims, except that in such cases one or more officers or employees of the Commission may be appointed by the Secretary of the Army to a claims commission or commissions or as officers to approve settlements of claims made by such commission or commissions, and all payments in settlement of such claims shall be made out of appropriations made for the purposes of sections 121, 122b to 125, 127, 128, 131, 132, and 138 to 138b of this title.

The Commission may delegate to its Chairman, secretary, or officials in charge of any of its offices, under such terms and conditions as it may prescribe, such of its authority as it may deem necessary and proper.

References in Text

The expiration of the Surplus Property Act of 1944, referred to in the third paragraph, means the expiration of act Oct. 3, 1944, ch. 479, 58 Stat. 765, which was classified principally to sections 1611 to 1641 of Title 50, Appendix, War and National Defense. The expiration of such act was to occur, pursuant to section 38 of such act, three years after cessation of hostilities of World War II. Cessation of hostilities was proclaimed on Dec. 31, 1946, by Proc. No. 2714, 12 F.R. 1, set out as a note preceding section 1 of Title 50, Appendix. However, effective July 1, 1949, section 38 of act Oct. 3, 1944, along with substantially all of such act was repealed (except for sections 1622, 1631, 1637, and 1641 of Title 50, Appendix) by act June 30, 1949, ch. 288, title VI, §602(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583. Sections 1622 and 1641 were partially repealed by the 1949 act, and section 1622 is still set out in part in Title 50, Appendix. Section 1622(g) was repealed and reenacted as part of sections 47151 to 47153 of Title 49, Transportation, by Pub. L. 103–272, §§1(d), 7(b), July 5, 1994, 108 Stat. 1278–1280, 1379. Section 1631 was repealed by act June 7, 1939, ch. 190, §6(e), as added by act July 23, 1946, ch. 590, 60 Stat. 599, and is covered by sections 98 et seq. of Title 50, War and National Defense. Section 1637 was repealed by act June 25, 1948, ch. 645, §21, 62 Stat. 862, eff. Sept. 1, 1948, and is covered by section 3287 of Title 18, Crimes and Criminal Procedure. Provisions of section 1641 not repealed by the 1949 act were repealed by Pub. L. 87–256, §111(a)(1), Sept. 21, 1961, 75 Stat. 538, and are covered by chapter 33 (§2451 et seq.) of Title 22, Foreign Relations and Intercourse. The provisions of the Surplus Property Act of 1944 originally repealed by the 1949 act are covered by chapter 10 (§471 et seq.) of Title 40, Public Buildings, Property, and Works.

Codification

In the fourth paragraph, “section 2734 of title 10” substituted for “the first section of the Act entitled ‘An act to provide for the prompt settlement of claims for damages occasioned by Army, Navy, and Marine Corps forces in foreign countries’, approved January 2, 1942 (55 Stat. 880, as amended; 31 U.S.C. 224d)” and “such Act”, on authority of act Aug. 10, 1956, §49(b), ch. 1041, 70A Stat. 640, the first section of which enacted Title 10, Armed Forces. The 1942 Act originally enacted sections 224d to 224i–1, and repealed section 223a, of former Title 31, Money and Finance. Sections 224d, 224h, and 224i of former Title 31 were repealed by the 1956 Act, and reenacted as section 2734 of Title 10, Armed Forces. Sections 224e, 224f, 224g, and 224i–1 of former Title 31 were repealed by the 1956 Act as being unnecessary and executed.

Amendments

1956—Act July 25, 1956, §4(c), amended section to permit the Commission to contract for work, supplies, materials, and equipment for use outside the United States, and to authorize the consideration, ascertainment, adjustment, determination, and payment of claims caused by the negligent or wrongful act or omission of any officer or civilian employee of the Commission.

Section Referred to in Other Sections

This section is referred to in sections 121, 125, 127, 128, 138a of this title.

(a) Establishment; purpose; transfer of funds

There is hereby established in the Treasury an account to be known as the “Foreign Currency Fluctuations, American Battle Monuments Commission, Account”. The account shall be used to provide funds, in addition to funds appropriated for salaries and expenses of the American Battle Monuments Commission, to pay the costs of such salaries and expenses that exceed the amount appropriated therefor as a result of fluctuations in currency exchange rates of foreign countries occurring after a budget request for the Commission is submitted to Congress. The account may not be used for any other purpose. Funds in the account may be transferred to funds appropriated for salaries and expenses of the Commission.

(b) Merger and availability of transferred funds; increase in permissible obligations of funds

Funds transferred under subsection (a) of this section shall be merged with and available for the same time period as the appropriation to which they are applied. A provision of law limiting the amount of funds the Commission may obligate in any fiscal year shall be increased to the extent necessary to reflect fluctuations in exchange rates from those used in preparing the budget submission.

(c) Recording of obligations and fluctuations in exchange rates

An obligation of the Commission payable in the currency of a foreign country may be recorded as an obligation based upon exchange rates used in preparing a budget submission. A change reflecting fluctuations in exchange rates may be recorded as a disbursement is made.

(d) Return of transferred funds

Funds transferred from the Foreign Currency Fluctuations, American Battle Monuments Commission, Account may be transferred back to that account—

(1) if the funds are not needed to pay obligations incurred because of fluctuations in currency exchange rates of foreign countries in the appropriation to which the funds were originally transferred; or

(2) because of subsequent favorable fluctuations in the rates or because other funds are, or become, available to pay such obligations.

(e) Time of return

A transfer back to the account under subsection (d) of this section may not be made after the end of the second fiscal year after the fiscal year in which the appropriation to which the funds were originally transferred is available for obligation.

(f) Unobligated balances; merger and availability

Not later than the end of the second fiscal year following the fiscal year for which appropriations for salaries and expenses have been made available to the Commission, unobligated balances of such appropriation provided for a fiscal year may be transferred into the Foreign Currency Fluctuations, American Battle Monuments Commission, Account, to be merged with and available for the same period and purposes as that account.

(g) Annual report on transferred funds

The Commission shall submit to the appropriate committees of the Congress each year a report on funds transferred under this section.

and their associates and successors are created a body corporate and politic, in the District of Columbia, by the name of “The National Yoemen 1 F”, for patriotic, historical, and educational purposes; to foster and perpetuate the memory of the service of Yoemen 1 (f) in the United States Naval Reserve Force of the United States Navy during the World War; to preserve the memories and incidents of their association in the World War by the encouragement of historical research concerning the service of Yoemen 1 (f); by the promotion of celebrations of all patriotic anniversaries to cherish, maintain, and extend the institutions of American freedom; to foster true patriotism and love of country, and to aid in securing for mankind all the blessings of liberty.

§139a. Right to hold property; constitution, bylaws and seal

Said organization is authorized to hold real and personal estate in the United States so far only as may be necessary to its lawful ends, to an amount not exceeding $50,000, and may adopt a constitution and bylaws not inconsistent with law, and may adopt a seal.

(June 15, 1936, ch. 546, §2, 49 Stat. 1506.)

§139b. Deposit of historical material

The regents of the Smithsonian Institution are authorized to permit said national organization to deposit its collections, manuscripts, books, pamphlets, and other material for history in the Smithsonian Institution or in the National Museum, at their discretion, upon such conditions and under such rules as they shall prescribe.

Amendments

1960—Pub. L. 86–533 struck out provisions which required organization to report annually to Secretary of Smithsonian Institution concerning its proceedings, and required Secretary to communicate to Congress such portions thereof as he may deem of national interest and importance.

CHAPTER 8B—NAVY CLUB OF THE UNITED STATES OF AMERICA

Sec.

140.

Corporation created.

140a.

Purposes of corporation.

140b.

Powers of corporation.

140c.

Annual report.

Cross References

Navy Wives Clubs of America, see section 2801 et seq. of this title.

§140. Corporation created

Sigfred A. Sandeen, national commandant; Ernest C. Fiedler, national senior executive officer; Thomas D. Hickey, national junior executive officer; Forest F. Bodiker, national paymaster; V. Homer Peabody, national chaplain; Mason C. Martin, national historian; and John F. McCullough, medical doctor, national medical officer, are created a body corporate of the name, “Navy Club of the United States of America.”

(June 6, 1940, ch. 239, §1, 54 Stat. 232.)

Reservation of Right to Alter Chapter

Section 5 of act June 6, 1940, provided: “That the right to alter, amend, or repeal this Act [enacting this chapter] at any time is hereby expressly reserved.”

§140a. Purposes of corporation

The purposes of this corporation shall be (a) to further, encourage, promote, and maintain comradeship among those persons who are or have been in the active service of the United States Navy, the United States Marine Corps, or the United States Coast Guard; (b) to revere, honor, and perpetuate the memory of those persons who have been such members and have departed this life; (c) to promote and encourage further public interest in the United States Navy, the United States Marine Corps, and the United States Coast Guard and the history of said organizations; (d) to uphold the spirit and ideals of the United States Navy, the United States Marine Corps, and the United States Coast Guard; (e) to promote the ideals of American freedom and democracy and to fit its members for the duties of citizenship and to encourage them to serve as ably as citizen 1 as they have served the Nation under arms; and (f) to maintain true allegiance to American institutions.

§140b. Powers of corporation

The corporation (a) shall have perpetual succession; (b) may charge and collect membership dues and receive contributions of money or property to be devoted to carrying out the purposes of the organization; (c) may sue or be sued; (d) may adopt a corporate seal and alter it at pleasure; (e) may adopt and alter bylaws not inconsistent with the Constitution and laws of the United States or of any State; (f) may establish and maintain offices for the conduct of its business; (g) may appoint or elect officers and agents; (h) may choose a board of trustees, consisting of not more than fifteen persons nor less than five persons, to conduct the business and exercise the powers of the corporation; (i) may acquire, by purchase, devise, bequest, gift, or otherwise, and hold, encumber, convey, or otherwise dispose of such real and personal property as may be necessary or appropriate for its corporate purposes; and (j) generally may do any and all lawful acts necessary or appropriate to carry out the purposes for which the corporation is created.

(June 6, 1940, ch. 239, §3, 54 Stat. 233.)

§140c. Annual report

The corporation shall, on or before the 1st day of December in each year, transmit to Congress a report of its proceedings and activities for the preceding calendar year. Such reports shall not be printed as public documents.

Proc. No. 4411. The Bicentennial Year

Proc. No. 4411, Dec. 31, 1975, 41 F.R. 1035, provided:

In the year 1776, the people of our land dedicated themselves in word and deed to the principles of liberty, equality, individual dignity, and representative government. It was a hectic but heroic beginning of a process which led to the creation of a great Republic symbolizing then, as it does today, the hope of the future.

The year 1776 was a year of revolution, not merely in the rejection of colonial rule, but in the thoughtful, eloquent, and enduring expression of a government to foster and perpetuate the development of a free and independent people.

Now, two hundred years later, we have settled our continent and turned our vision to the limits of the universe. We are the richest nation in the world—rich in our resources, rich in our creativity, rich in our strength, and rich in our people—from our Native Americans to those who have come from every country on earth to share in the hope, the work, and the spirit of our Republic.

The challenges faced by our forebears were not only to their physical capabilities but also to their faith in the future. Their response to these challenges affirmed their deep belief that by their actions they could create a better world for themselves and those that would follow. As we enter America's third century, let us emulate in word and deed, their resolve and vision.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, do hereby proclaim the year of our Lord nineteen hundred seventy-six as The Bicentennial Year. Let 1976 be a year of reflection, a year of sharing, and foremost, a year of achievement.

I urge all Americans to reflect, from time to time during this Bicentennial Year, on the historic events of our past, on the heroic deeds of those whose legacy we now enjoy, and on the compelling visions of those who helped shape our constitutional government.

I call upon educators, clergy and labor, business and community leaders, as well as those in the communications media, to review our history and publicize the shaping events, people, and ideas of our historic beginnings.

I call upon every man, woman, and child to celebrate the diversity of tradition, culture and heritage that reflects our people and our patrimony. Let each of us resolve to cherish and protect what we have achieved in the United States of America and to build upon it in the years ahead, not by words alone, but by actions which bespeak a continuing commitment to a heritage of individual initiative, creativity, and liberty.

IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of December, in the year of our Lord nineteen hundred and seventy-five, and of the Independence of the United States of America the two hundredth.

Gerald R. Ford.

Proc. No. 4934. Armed Forces Day

Proc. No. 4934, Apr. 16, 1982, 47 F.R. 16767, provided:

Each year we Americans set aside one day to honor the brave and dedicated men and women of the Army, Navy, Air Force, Marine Corps and Coast Guard.

They serve our nation with dignity, courage, and pride in duty stations throughout the world. The peace we enjoy today reminds us of their important role.

NOW, THEREFORE, I, RONALD REAGAN, President of the United States of America and Commander in Chief of the Armed Forces of the United States, continuing the precedent of my seven immediate predecessors in this Office, do hereby proclaim the third Saturday of each May as Armed Forces Day.

I direct the Secretary of Defense on behalf of the Army, the Navy, the Air Force, and the Marine Corps, and the Secretary of Transportation on behalf of the Coast Guard, to plan for appropriate observances each year, with the Secretary of Defense responsible for soliciting the participation and cooperation of civil authorities and private citizens.

I invite the Governors of the States, the Commonwealth of Puerto Rico, and other areas subject to the jurisdiction of the United States, to provide for the observance of Armed Forces Day within their jurisdiction each year in an appropriate manner designed to increase public understanding and appreciation of the Armed Forces of the United States.

I also invite national and local veterans, civic and other organizations to join in the observance of Armed Forces Day each year.

I call upon all Americans not only to display the flag of the United States at their homes on Armed Forces Day, but also to learn about our system of defense, and about the men and women who sustain it, by attending and participating in the local observances of the day.

Proclamation 4571 of May 15, 1978, is hereby superseded.

IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of April, in the year of our Lord nineteen hundred and eighty-two and of the Independence of the United States of America the two hundred and sixth.

Ronald Reagan.

Prior Proclamations

Proc. No. 3172, Mar. 6, 1957, 22 F.R. 1427, which proclaimed Armed Forces Day as third Saturday of May in each year, was superseded by Proc. No. 3655, May 7, 1965, 30 F.R. 6467.

Proc. No. 4357, Mar. 25, 1975, 40 F.R. 13293, which proclaimed Armed Forces Day as third Saturday of May in each year was superseded by Proc. No. 4492, Mar. 22, 1977, 42 F.R. 15889.

Proc. No. 4492, Mar. 22, 1977, 42 F.R. 15889, which proclaimed Armed Forces Day as third Saturday of May in each year, was superseded by Proc. No. 4571, May 15, 1978, 43 F.R. 21313.

Proc. No. 4571, May 15, 1978, 43 F.R. 21313, which proclaimed Armed Forces Day as third Saturday of May in each year, was superseded by Proc. No. 4934, Apr. 16, 1982, 47 F.R. 16767.

Cross References

Legal holidays, see section 6103 of Title 5, Government Organization and Employees.

Occasions for display of flag, see section 174 of this title.

§141. Display of flag on buildings on second Sunday in May

The President of the United States is authorized and requested to issue a proclamation calling upon the Government officials to display the United States flag on all Government buildings, and the people of the United States to display the flag at their homes or other suitable places, on the second Sunday in May, as a public expression of our love and reverence for the mothers of our country.

(May 8, 1914, No. 13, §1, 38 Stat. 771.)

Cross References

Legal holidays, see section 6103 of Title 5, Government Organization and Employees.

Occasions for display of flag, see section 174 of this title.

§142. Second Sunday in May designated as Mother's Day

The second Sunday in May shall hereafter be designated and known as Mother's Day, and it shall be the duty of the President to request its observance as provided for in this resolution.

(May 8, 1914, No. 13, §2, 38 Stat. 771.)

§142a. Third Sunday in June designated as Father's Day; display of flags on buildings; observance

The third Sunday in June of each year is hereby designated as “Father's Day”. The President is authorized and requested to issue a proclamation calling on the appropriate Government officials to display the flag of the United States on all Government buildings on such day, inviting the governments of the States and communities and the people of the United States to observe such day with appropriate ceremonies, and urging our people to offer public and private expressions of such day to the abiding love and gratitude which they bear for their fathers.

The President is authorized and requested to issue a proclamation designating the first Sunday of September after Labor Day as “National Grandparents Day”, and calling upon the people of the United States and interested groups and organizations to observe such day with appropriate ceremonies and activities.

(Pub. L. 96–62, Sept. 6, 1979, 93 Stat. 410.)

§142c. Parents’ Day; establishment

The fourth Sunday of every July shall be established as “Parents’ Day” to be recognized as a recurring, perennial day of commemoration.

(Pub. L. 103–362, §1, Oct. 14, 1994, 108 Stat. 3465.)

§142c–1. Recognition of Parents’ Day

All private citizens, organizations, and governmental and legislative bodies at the local, State, and Federal level are encouraged to recognize Parents’ Day through proclamations, activities, and educational efforts in furtherance of recognizing, uplifting, and supporting the role of parents in the rearing of their children.

(Pub. L. 103–362, §2, Oct. 14, 1994, 108 Stat. 3465.)

§143. First Monday in October designated as Child Health Day

The President of the United States is authorized and requested to issue annually a proclamation setting apart the first Monday in October of each year as Child Health Day and inviting all agencies and organizations interested in child welfare to unite upon that day in the observance of such exercises as will awaken the people of the Nation to the fundamental necessity of a year-round program for the protection and development of the health of the Nation's children.

Amendments

Effective Date of 1959 Amendment

Pub. L. 86–352 provided in part that amendment by Pub. L. 86–352 should be effective Jan. 1, 1960.

§144. Transferred

Codification

Section, act Mar. 3, 1931, ch. 436, 46 Stat. 1508, which designated “The Star-Spangled Banner” as the national anthem of the United States, was transferred to section 170 of this title.

§145. May twenty-second designated as National Maritime Day

May 22 of each year shall hereafter be designated and known as National Maritime Day, and the President is authorized and requested annually to issue a proclamation calling upon the people of the United States to observe such National Maritime Day by displaying the flag at their homes or other suitable places and Government officials to display the flag on all Government buildings on May 22 of each year.

(May 20, 1933, ch. 36, 48 Stat. 73.)

Cross References

Occasions for display of flag, see section 174 of this title.

§146. Second Monday in October as Columbus Day

The President of the United States is authorized and requested to issue a proclamation designating the second Monday in October of each year as Columbus Day and calling upon officials of the Government to display the flag of the United States on all Government buildings on said date and inviting the people of the United States to observe the day in schools and churches, or other suitable places, with appropriate ceremonies expressive of the public sentiment befitting the anniversary of the discovery of America.

Codification

References to the second Monday in October were substituted for references to October 12, effective Jan. 1, 1971, pursuant to section 1(b) of Pub. L. 90–363 which is set out as a note captioned “References in Laws of the United States to Observances of Legal Public Holidays” under section 6103 of Title 5, Government Organization and Employees.

Christopher Columbus Quincentenary Jubilee Act

Pub. L. 98–375, Aug. 7, 1984, 98 Stat. 1257, as amended by Pub. L. 100–94, Aug. 18, 1987, 101 Stat. 700, provided for creation of Christopher Columbus Quincentenary Jubilee Commission, a 30-member commission appointed by the President, which was to prepare a comprehensive program for commemorating the quincentennial of the voyages of discovery of Columbus and to plan, encourage, coordinate, and conduct observances and activities. The Commission would submit a final report to Congress no later than Dec. 31, 1993, and would terminate as of that date.

Cross References

Occasions for display of flag, see section 174 of this title.

§147. Display of flag on buildings on last Sunday in September

The President of the United States is authorized and requested to issue a proclamation calling upon the Government officials to display the United States flag on all Government buildings, and the people of the United States to display the flag and to hold appropriate meetings at their homes, churches, or other suitable places, on the last Sunday in September, as a public expression of the love, sorrow, and reverence of the people of the United States for the American Gold Star Mothers.

(June 23, 1936, ch. 736, §1, 49 Stat. 1895.)

Cross References

Occasions for display of flag, see section 174 of this title.

Section Referred to in Other Sections

This section is referred to in section 148 of this title.

§148. Last Sunday in September designated as Gold Star Mother's Day

The last Sunday in September shall be designated and known as “Gold Star Mother's Day”, and it shall be the duty of the President to request its observance as provided for in section 147 of this title.

(June 23, 1936, ch. 736, §2, 49 Stat. 1895.)

§149. April thirteenth for commemoration of Thomas Jefferson's birth

The President of the United States of America is authorized and directed to issue a proclamation calling upon officials of the Government to display the flag of the United States on all Government buildings on April 13 of each year, and inviting the people of the United States to observe the day in schools and churches, or other suitable places, with appropriate ceremonies in commemoration of the birth of Thomas Jefferson.

(Aug. 16, 1937, ch. 666, 50 Stat. 668.)

Thomas Jefferson Commemoration Commission

Pub. L. 102–343, Aug. 17, 1992, 106 Stat. 915, as amended by Pub. L. 103–191, Dec. 14, 1993, 107 Stat. 2291, provided for establishment of Thomas Jefferson Commemoration Commission, a 21-member commission appointed by President, which was to plan, develop, and coordinate programs and activities to commemorate the 250th anniversary of birth of Thomas Jefferson, to honor historical locations associated with life of Thomas Jefferson, and to award medals and certificates to individuals and organizations that have significantly contributed to preservation of Jefferson's professional accomplishments. Commission to submit a final report to President and to Congress no later than Dec. 31, 1994, and to terminate not later than 60 days following that date.

Bicentennial Celebration of Birth of Jefferson

The Thomas Jefferson Bicentennial Commission was created by act Sept. 24, 1940, ch. 730, 54 Stat. 960, and vested with authority to make plans for the celebration in 1943 of the two-hundredth anniversary of the birth of Thomas Jefferson, and these powers were further extended by act July 30, 1942, ch. 537, 56 Stat. 728.

The National Agricultural Jefferson Bicentenary Committee was created and appointed to carry out appropriate exercises in recognition of Jefferson's contributions to the farmers and the agriculture of the Nation by act Dec. 3, 1943, ch. 333, 57 Stat. 595.

Cross References

Occasions for display of flag, see section 174 of this title.

§150. April as Cancer Control Month

The President of the United States is authorized and requested to issue annually a proclamation setting apart the month of April of each year as Cancer Control Month and to invite annually the Governors of the several States and Territories and possessions of the United States to issue proclamations for like purposes. It is requested that such proclamations invite the medical profession, the press, and all agencies and individuals interested in a national program for the control of the disease of cancer by education and other cooperative means to unite during the month in a public dedication to such a program and in a concerted effort to impress upon the people of the Nation the necessity of such a program.

(Mar. 28, 1938, ch. 56, 52 Stat. 148.)

§151. August nineteenth as National Aviation Day

The President of the United States is authorized to designate August 19 of each year as National Aviation Day, and to issue a proclamation calling upon officials of the Government to display the flag of the United States on all Government buildings on that day, and inviting the people of the United States to observe the day with appropriate exercises to further and stimulate interest in aviation in the United States.

(May 11, 1939, ch. 123, 53 Stat. 739.)

Cross References

Occasions for display of flag, see section 174 of this title.

§151a. December seventeenth as Pan American Aviation Day

The President of the United States is authorized to designate December 17 of each year as Pan American Aviation Day and to issue a proclamation calling upon all officials of the Government, Governors of the fifty States, our possessions, and all citizens to participate in the observance of this day to further and stimulate interest in aviation in the American countries as an important stimulus to the further development of more rapid communications and a cultural development between the nations of the Western Hemisphere.

(Oct. 10, 1940, ch. 840, 54 Stat. 1093.)

Codification

The term “fifty States” was in the original “forty-eight States” and has been editorially substituted to reflect the admission into statehood of Alaska and Hawaii.

§152. Repealed. Feb. 29, 1952, ch. 49, §3, 66 Stat. 10

§153. Citizenship Day; designation; proclamation; observance

The 17th day of September of each year is designated as “Citizenship Day” in commemoration of the formation and signing, on September 17, 1787, of the Constitution of the United States and in recognition of all who, by coming of age or by naturalization have attained the status of citizenship, and the President of the United States is authorized to issue annually a proclamation calling upon officials of the Government to display the flag of the United States on all Government buildings on such day, and inviting the people of the United States to observe the day in schools and churches, or other suitable places, with appropriate ceremonies.

The civil and educational authorities of States, counties, cities, and towns be, and they are, urged to make plans for the proper observance of this day and for the full instruction of citizens in their responsibilities and opportunities as citizens of the United States and of the States and localities in which they reside.

Nothing herein shall be construed as changing, or attempting to change, the time or mode of any of the many altogether commendable observances of similar nature now being held from time to time, or periodically, but, to the contrary, such practices are praised and encouraged.

(Feb. 29, 1952, ch. 49, §1, 66 Stat. 9.)

Cross References

Citizenship clause, see Const. Amend. 14, §1.

Occasions for display of flag, see section 174 of this title.

§154. Address to newly naturalized citizens

Either at the time of the rendition of the decree of naturalization or at such other time as the judge may fix, the judge or someone designated by him shall address the newly naturalized citizen upon the form and genius of our Government and the privileges and responsibilities of citizenship; it being the intent and purpose of this section to enlist the aid of the judiciary, in cooperation with civil and educational authorities, and patriotic organizations in a continuous effort to dignify and emphasize the significance of citizenship.

(Feb. 29, 1952, ch. 49, §2, 66 Stat. 10.)

Prior Provisions

Similar provisions were contained in act May 3, 1940, ch. 183, §2, 54 Stat. 178, which was classified to section 727a of Title 8, Aliens and Nationality, prior to repeal by act Feb. 29, 1952.

Cross References

Citizenship clause, see Const. Amend. 14, §1.

§155. National Disability Employment Awareness Month

Hereafter the month of October in each year shall be designated as National Disability Employment Awareness Month. During such month appropriate ceremonies shall be held throughout the Nation, the purposes of which will be to enlist public support for and interest in the employment of otherwise qualified but workers with disabilities.

The President is hereby requested to issue a suitable proclamation each year, and the Governors of States, mayors of cities, and heads of other instrumentalities of government, as well as leaders of industry, educational and religious groups, labor, veterans, women, farm, scientific and professional, and all other organizations and individuals at interest are invited to participate.

Amendments

1988—Pub. L. 100–630 substituted “the month of October in” for “the first week in October of”, “National Disability Employment Awareness Month” for “National Employ the Handicapped Week”, “such month” for “such week”, and “workers with disabilities” for “handicapped workers”.

1970—Pub. L. 91–442 changed the designation “National Employ the Physically Handicapped Week” to “National Employ the Handicapped Week” and changed the purposes from enlisting public support for and interest in the employment of otherwise qualified but physically handicapped workers to enlisting public support for and interest in the employment of otherwise qualified but handicapped workers.

§155a. President's Committee on Employment of People With Disabilities; authorization of appropriations

In order to effectuate the purposes of National Disability Employment Awareness Month and in order to enable the President to provide the President's Committee on Employment of People With Disabilities with adequate personnel to assist in its activities, and otherwise to provide the committee with the means of carrying out a program to promote the employment of persons with disabilities, by creating Nationwide interest in the rehabilitation and employment of such persons and by obtaining and maintaining cooperation from all public and private groups in the field, there is hereby authorized to be appropriated for each of the fiscal years 1993, 1994, 1995, 1996, and 1997, such sums as may be necessary to be expended in such manner and by such agencies as the President may direct, for the work of the President's Committee on Employment of People With Disabilities.

Amendments

1992—Pub. L. 102–569, §914(3), which directed the substitution of “for each of the fiscal years 1993, 1994, 1995, 1996, and 1997,” for “for each of the fiscal years 1987, 1988, 1989, 1990, and 1991,”, was executed by making the substitution for “for each of the fiscal years 1987, 1988, 1989, 1990, 1991, and 1992,”, to reflect the probable intent of Congress and the intervening amendment by Pub. L. 102–52. See 1991 amendment note below.

Pub. L. 102–569, §914(1), (2), and (4), substituted “persons with disabilities” for “handicapped persons” and “such persons” for “the handicapped” and struck out at end “The President's Committee on Employment of the Handicapped shall be guided by the general policies of the National Council on the Handicapped.”

1988—Pub. L. 100–630 substituted “National Disability Employment Awareness Month” for “National Employ the Physically Handicapped Week” and substituted “President's Committee on Employment of People With Disabilities” for “President's Committee on National Employ the Physically Handicapped Week” in two places.

1986—Pub. L. 99–506 substituted “for each of the fiscal years 1987, 1988, 1989, 1990, and 1991, such sums as may be necessary” for “annually, out of any money in the Treasury not otherwise appropriated, not to exceed the sum of $1,000,000” and inserted at end “The President's Committee on Employment of the Handicapped shall be guided by the general policies of the National Council on the Handicapped.”

Effective Date of 1954 Amendment

Amendment by act Aug. 3, 1954, effective July 1, 1954, see section 8 of act Aug. 3, 1954, set out as a note under section 49b of Title 29, Labor.

§155b. Acceptance of voluntary services, gifts, devises, bequests, etc., by President's Committee on Employment of People With Disabilities

The President's Committee on Employment of People With Disabilities may—

(1) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31; and

(2) in the name of the Committee, accept, employ, and dispose of, in furtherance of this resolution, any money or property, real, personal, or mixed, tangible or nontangible, received by gift, devise, bequest, or otherwise.

§156. National Freedom Day

The President of the United States is authorized to issue a proclamation designating the 1st day of February of each year as National Freedom Day for the purpose of commemorating the signing by President Abraham Lincoln, on February 1, 1865, of the joint resolution adopted by the Senate and the House of Representatives of the United States, proposing the thirteenth amendment to the Constitution of the United States of America.

(June 30, 1948, ch. 755, 62 Stat. 1150.)

§157. Flag Day; designation; proclamation; observance

The 14th day of June of each year is hereby designated as “Flag Day”, and the President of the United States is authorized and requested to issue annually a proclamation calling upon officials of the Government to display the flag of the United States on all Government buildings on such day, and urging the people to observe the day as the anniversary of the adoption on June 14, 1777, by the Continental Congress of the Stars and Stripes as the official flag of the United States of America.

(Aug. 3, 1949, ch. 385, 63 Stat. 492.)

§157a. National Flag Week

The President is authorized and requested to issue annually a proclamation designating the week in which June 14 occurs as National Flag Week, and calling upon all citizens to display the flag of the United States on those days.

(Pub. L. 89–443, June 9, 1966, 80 Stat. 194.)

§157b. Honor America Days

Congress declares the twenty-one days from Flag Day through Independence Day as a period to honor America, and further declares that there be public gatherings and activities at which the people of the United States can celebrate and honor their country in an appropriate manner.

(Pub. L. 94–33, June 13, 1975, 89 Stat. 211.)

§158. Stephen Foster Memorial Day

The President of the United States is authorized to issue a proclamation designating January 13 of each year as Stephen Foster Memorial Day, and calling upon the people throughout the United States to observe such day with appropriate ceremonies, pilgrimages to his shrines, and musical programs featuring his compositions.

(Oct. 27, 1951, ch. 593, 65 Stat. 659.)

§159. Constitution Week; designation; proclamation; observance

The President of the United States is authorized and requested to designate the period beginning September 17 and ending September 23 of each year as Constitution Week, and to issue annually a proclamation inviting the people of the United States to observe such week in schools, churches, and other suitable places with appropriate ceremonies and activities.

The President of the United States is authorized and requested annually to issue a proclamation designating the third Friday of May of each year as National Defense Transportation Day, and urging the people of the United States, including labor, management, users, and investors, in all communities served by any of the various forms of transportation by land, by sea, and by air, to observe this occasion by appropriate ceremonies which will give full recognition to the importance to each and every community and the people thereof of our transportation system and the maintenance of its facilities in the most modern state of adequacy to serve our needs in times of peace and in national defense.

(Pub. L. 85–32, May 16, 1957, 71 Stat. 30.)

§161. National Safe Boating Week

The President of the United States is authorized and requested to proclaim annually the the 1 seven day period ending on the last Friday before Memorial Day as “National Safe Boating Week”.

§162. Loyalty Day

The 1st day of May of each year is designated as Loyalty Day and is to be set aside as a special day for the reaffirmation of loyalty to the United States of America and for the recognition of the heritage of American freedom; and the President of the United States is authorized and requested to issue a proclamation calling upon officials of the Government to display the flag of the United States on all Government buildings on such day and inviting the people of the United States to observe such day, in schools and other suitable places, with appropriate ceremonies.

(Pub. L. 85–529, July 18, 1958, 72 Stat. 369.)

§163. National Forest Products Week

The seven-day period beginning on the third Sunday of October in each year is designated as National Forest Products Week, and the President is requested to issue annually a proclamation calling upon the people of the United States to observe such week with appropriate ceremonies and activities.

(Pub. L. 86–753, Sept. 13, 1960, 74 Stat. 898.)

§164. Law Day, U.S.A.; designation; proclamation; observance

The first day of May of each year is hereby designated as Law Day, U.S.A. It is set aside as a special day of celebration by the American people in appreciation of their liberties and the reaffirmation of their loyalty to the United States of America; of their rededication to the ideals of equality and justice under law in their relations with each other as well as with other nations; and for the cultivation of that respect for law that is so vital to the democratic way of life.

The President of the United States is authorized and requested to issue a proclamation calling upon all public officials to display the flag of the United States on all government buildings on such day and inviting the people of the United States to observe such day with suitable ceremonies and other appropriate ways, through public bodies and private organizations as well as in schools and other suitable places.

(Pub. L. 87–20, Apr. 7, 1961, 75 Stat. 43.)

§165. National Poison Prevention Week

The President is authorized and requested to issue annually a proclamation designating the third week in March as National Poison Prevention Week, to aid in encouraging the American people to learn of the dangers of accidental poisoning and to take such preventive measures as are warranted by the seriousness of the danger.

(Pub. L. 87–319, Sept. 26, 1961, 75 Stat. 681.)

§166. National Transportation Week

The President of the United States is requested and authorized to officially proclaim annually the week in May of each year in which falls the third Friday of that month as National Transportation Week, and to issue a proclamation inviting the people of the United States to observe such period with appropriate ceremonies and activities, as a tribute to the men and women who, night and day, move goods and people throughout our land.

(Pub. L. 87–449, May 14, 1962, 76 Stat. 69.)

§167. Peace Officers Memorial Day

The President is authorized and requested to issue proclamations (1) designating May 15 of each year as Peace Officers Memorial Day in honor of the Federal, State, and municipal officers who have been killed or disabled in the line of duty, (2) directing the officials of the Government to display at halfstaff the flag of the United States on all Government buildings on such day, as provided by section 175(m) of this title, (3) designating in each year the calendar week during which such May 15 occurs as Police Week, in recognition of the service given by the men and women who, night and day, stand guard in our midst to protect us through enforcement of our laws, and (4) inviting the governments of the States and communities and the people of the United States to observe such day and week with appropriate ceremonies and activities, including the display at halfstaff of the flag of the United States.

Amendments

1994—Pub. L. 103–322 added cl. (2), redesignated former cls. (2) and (3) as (3) and (4), respectively, and in cl. (4), inserted “, including the display at halfstaff of the flag of the United States” after “activities”.

§168. National School Lunch Week

The seven-day period beginning on the second Sunday of October in each year is designated as National School Lunch Week, and the President is requested to issue annually a proclamation calling on the people of the United States to observe such week with appropriate ceremonies and activities.

(Pub. L. 87–780, Oct. 9, 1962, 76 Stat. 779.)

§169. Wright Brothers Day

The 17th day of December of each year is hereby designated as “Wright Brothers Day”, in commemoration of the first successful flights in a heavier than air, mechanically propelled airplane, which were made by Orville and Wilbur Wright on December 17, 1903, near Kitty Hawk, North Carolina. The President is authorized and requested to issue annually a proclamation inviting the people of the United States to observe such day with appropriate ceremonies and activities.

(Pub. L. 88–209, Dec. 17, 1963, 77 Stat. 402.)

§169a. Save Your Vision Week

The President of the United States is authorized and requested to issue annually a proclamation designating the first week in March of each year as “Save Your Vision Week”, and inviting the Governors and mayors of State and local governments of the United States to issue similar proclamations. The President is further requested to consider including in such proclamation an invitation calling upon the press, radio, television, and other communications media, the health care professions and all other agencies and individuals concerned with programs for the improvement of vision to unite during such week in public activities to impress upon the people of the United States the importance of vision to their own welfare and that of our country, and to urge their support of programs to improve and protect the vision of Americans.

(Pub. L. 88–242, Dec. 30, 1963, 77 Stat. 629.)

§169b. American Heart Month

The President of the United States is authorized and requested to issue annually a proclamation (1) designating February as American Heart Month, (2) inviting the Governors of the States and territories of the United States to issue proclamations for like purposes, and (3) urging the people of the United States to give heed to the nationwide problem of the heart and blood vessel diseases, and to support all essential programs required to bring about its solution.

(Pub. L. 88–254, Dec. 30, 1963, 77 Stat. 843.)

§169c. Leif Erikson Day

The President of the United States is authorized to officially proclaim October 9 in each year as Leif Erikson Day.

(Pub. L. 88–566, Sept. 2, 1964, 78 Stat. 849.)

§169d. White Cane Safety Day

The President is hereby authorized to issue annually a proclamation designating October 15 as White Cane Safety Day and calling upon the people of the United States to observe such day with appropriate ceremonies and activities.

(Pub. L. 88–628, Oct. 6, 1964, 78 Stat. 1003.)

§169e. Steelmark Month

The month of May of each year is hereby designated as “Steelmark Month” in recognition of the tremendous contribution made by the steel industry in the United States to the national security and defense of our country. The President is requested to issue a proclamation calling upon all people of the United States for the observance of such month with appropriate proceedings and ceremonies.

(Pub. L. 89–703, Nov. 2, 1966, 80 Stat. 1099.)

§169f. National Hispanic Heritage Month

The President is hereby authorized and requested to issue annually a proclamation designating the 31-day period beginning September 15 and ending on October 15 as “National Hispanic Heritage Month” and calling upon the people of the United States, especially the educational community, to observe such month with appropriate ceremonies and activities.

Amendments

1988—Pub. L. 100–402 substituted “31-day period beginning September 15 and ending on October 15” for “week including September 15 and 16”, “Heritage Month” for “Heritage Week”, and “such month” for “such week”.

Effective Date of 1988 Amendment

Section 2 of Pub. L. 100–402 provided that: “The amendments made by section 1 [amending this section] shall take effect on January 1 of the first year beginning after the date of the enactment of this Act [Aug. 17, 1988].”

§169g. Memorial Day as day of prayer for permanent peace

The President is authorized and requested to issue a proclamation calling upon the people of the United States to observe each May 30, Memorial Day, by praying, each in accordance with his religious faith, for permanent peace; designating a period during such day in which all the people of the United States may unite in prayer for a permanent peace; calling upon all the people of the United States to unite in prayer at such time; and calling upon the newspapers, radio stations, and all other mediums of information to join in observing such day and period of prayer.

(May 11, 1950, ch. 182, 64 Stat. 158.)

§169h. National Day of Prayer

The President shall set aside and proclaim the first Thursday in May in each year as a National Day of Prayer, on which the people of the United States may turn to God in prayer and meditation at churches, in groups, and as individuals.

Codification

Amendments

1988—Pub. L. 100–307 substituted “the first Thursday in May in each year” for “a suitable day each year, other than a Sunday,”.

§169i. Federal Lands Cleanup Day; designation, observation, etc.

The first Saturday after Labor Day of each year is designated as “Federal Lands Cleanup Day”. The President shall issue a proclamation calling upon the people of the United States to observe Federal Lands Cleanup Day with appropriate ceremonies, programs, and activities: Provided, however, That the activities associated with Federal Lands Cleanup Day may be undertaken in individual States on a day other than the first Saturday after Labor Day if the affected Federal land managers determine that because of climatological or other factors, an alternative date is more appropriate.

(Pub. L. 99–402, §3, Aug. 27, 1986, 100 Stat. 910.)

Short Title

Section 1 of Pub. L. 99–402 provided that: “This Act [enacting this section and section 169i–1 of this title and provisions set out as a note below] may be cited as the ‘Federal Lands Cleanup Act of 1985’.”

Congressional Findings

“(2) the Federal lands administered by the several Federal land management agencies contain valuable wildlife, scenery, natural and historic features, and other resources which may be damaged by litter and misuse;

“(3) it is in the best interest of our country and its citizens to maintain and preserve the beauty, safety, and availability of these Federal lands;

“(4) these land management agencies have been designated as the caretakers of these Federal lands and have been given the responsibility for maintaining and preserving these areas and facilities;

“(5) there is great value in volunteer involvement in maintaining and preserving Federal lands for recreational use;

“(6) the Federal land management agencies should be concerned with promoting a sense of pride and ownership among citizens toward these lands;

“(7) the use of citizen volunteers in a national cleanup effort promotes these goals and encourages the thoughtful use of these Federal lands and facilities;

“(8) the positive impact of annual cleanup events held at various recreation sites has already been proven by steadily declining levels of litter at these sites; and

“(9) a national program for cleaning and maintaining Federal lands using volunteers will save millions of tax dollars.”

§169i–1. Federal participation in Federal Lands Cleanup Day

(a) Federal land management agencies; duties; definition

(1) In order to observe Federal Lands Cleanup Day at the Federal level, each Federal land management agency shall organize, coordinate, and participate with citizen volunteers and State and local agencies in cleaning and providing for the maintenance of Federal public lands, recreation areas, and waterways within the jurisdiction of such agency.

(2) For purposes of this Act, the term “Federal land management agency” shall include—

(A) the Forest Service of the Department of Agriculture;

(B) the Bureau of Land Management of the Department of the Interior;

(C) the National Park Service of the Department of the Interior;

(D) the Fish and Wildlife Service of the Department of the Interior;

(E) the Bureau of Reclamation of the Department of the Interior; and

(F) the Army Corps of Engineers.

(b) Objectives; cooperation with State, county, and local agencies

Each Federal land management agency shall plan for and carry out activities on Federal Lands National Cleanup Day which—

(1) encourage continuing public and private sector cooperation in preserving the beauty and safety of areas within the jurisdiction of such agency;

(2) increase citizens’ sense of ownership and community pride in such areas;

(3) reduce litter on Federal lands, along trails and waterways, and within such areas; and

Such activities shall be held in cooperation with appropriate State, county, and local government agencies.

(c) Report to Congress

(1) Within ninety days following the first Federal Lands Cleanup Day occurring after August 27, 1986, each Federal land management agency shall provide a summary report to Congress briefly outlining the types of activities undertaken; the sites involved; the nature and extent of the volunteer involvement; the cost savings realized from the program and the overall success of such agency in observing Federal Lands Cleanup Day.

(2) Such reporting requirements shall remain in effect for two years after the submission of the first report.

(Pub. L. 99–402, §4, Aug. 27, 1986, 100 Stat. 911.)

References in Text

This Act, referred to in subsec. (a)(2), is Pub. L. 99–402, Aug. 27, 1986, 100 Stat. 910, known as the Federal Lands Cleanup Act of 1985, which enacted this section and section 169i of this title and provisions set out as notes under section 169i of this title. For complete classification of this Act to the Code, see Short Title note set out under section 169i of this title and Tables.

§169j. Martin Luther King, Jr., Federal legal holiday

The Congress finds that—

(1) January 20, 1986, marks the first observance of the Federal legal holiday, established by Public Law 98–144, honoring the birthday of Martin Luther King, Jr.;

(2) such holiday should serve as a time for Americans to reflect on the principles of racial equality and nonviolent social change espoused by Martin Luther King, Jr.; and

(3) it is appropriate for the Federal Government to coordinate efforts with Americans of diverse backgrounds and with private organizations in the observance of the Federal legal holiday honoring Martin Luther King, Jr.

References in Text

Public Law 98–144, referred to in par. (1), is Pub. L. 98–144, Nov. 2, 1983, 97 Stat. 917, which amended section 6103 of Title 5, Government Organization and Employees, and enacted provisions set out as a note under section 6103 of Title 5. For complete classification of this Act to the Code, see Tables.

Amendments

1989—Par. (3). Pub. L. 101–30 struck out “first” before “observance”.

Short Title of 1994 Amendment

Pub. L. 103–304, §1, Aug. 23, 1994, 108 Stat. 1565, provided that: “This Act [enacting sections 169j–9 and 169j–10 of this title, amending sections 169j–2, 169j–3, and 169j–5 to 169j–8 of this title and sections 4953, 5024, 12591, 12602, 12615, 12619, 12622, 12651d, 12653, and 12655n of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under section 169j–5 of this title and section 4953 of Title 42] may be cited as the ‘King Holiday and Service Act of 1994’.”

Short Title of 1989 Amendment

Section 1 of Pub. L. 101–30 provided that: “This Act [amending this section and sections 169j–2 to 169j–8 of this title and enacting provisions set out as notes under sections 169j–3 and 169j–8 of this title] may be cited as the ‘Martin Luther King, Jr., Federal Holiday Commission Extension Act’.”

§169j–1. Martin Luther King, Jr. Federal Holiday Commission

There is established a commission to be known as the Martin Luther King, Jr. Federal Holiday Commission (hereinafter in this Act referred to as the “Commission”).

(Pub. L. 98–399, §2, Aug. 27, 1984, 98 Stat. 1473.)

References in Text

This Act, referred to in text, is Pub. L. 98–399, Aug. 27, 1984, 98 Stat. 1473, as amended, which enacted sections 169j to 169j–10 of this title. For complete classification of this Act to the Code, see Tables.

Section Referred to in Other Sections

(1) to encourage appropriate ceremonies and activities (including service opportunities) throughout the United States relating to the observance of the Federal legal holiday honoring Martin Luther King, Jr., which occurs on the third Monday in January each year; and

(2) to provide advice and assistance to Federal, State, and local governments and to private organizations with respect to the observance of such holiday.

(a) Composition

(1) four officers from the executive branch, appointed by the President;

(2) four Members of the House of Representatives, appointed by the Speaker of the House of Representatives in consultation with the minority leader of the House of Representatives;

(3) four Senators, appointed by the President pro tempore of the Senate in consultation with the majority and minority leaders of the Senate;

(4) Coretta Scott King and two other members of the family surviving Martin Luther King, Jr., appointed by such family;

(5) two individuals representing the Martin Luther King, Jr. Center for Non-Violent Social Change (a not-for-profit organization incorporated in the State of Georgia), appointed by such organization;

(6) twenty-three individuals other than officers or employees of the United States or Members of Congress, appointed by the members of the Commission under paragraphs (1) through (5) of this subsection from among individuals representing diverse interest groups, including individuals representing labor, business, civil rights, and religious groups, and entertainers; and

(7) the Chief Executive Officer of the Corporation for National and Community Service, appointed under section 12651c of title 42.

(b) Political party

Not more than half of the members of the Commission appointed under each of paragraphs (2), (3), (5), and (6) of subsection (a) of this section shall be of the same political party.

(c) Appointments; vacancies

(1) Except as provided in paragraphs (2) and (3), members of the Commission shall be appointed not later than June 1 of each year for terms of 1 year, and any vacancy in the Commission shall be filled in the manner in which the original appointment was made. Any vacancy in the Commission shall not affect its powers.

(2) Coretta Scott King shall serve as a member for life. In the event of a vacancy, her position on the Commission shall be filled by a member of the family surviving Martin Luther King, Jr., not already a member of the Commission, who shall be appointed by the family and shall serve as a member of the Commission at the discretion of the family.

(3) The 2 members of the Commission appointed as members of the family surviving Martin Luther King, Jr., shall serve as members of the Commission at the discretion of the family.

(d) Compensation

Members of the Commission shall serve without pay, but may, subject to the availability of sufficient funds, be allowed travel expenses, including per diem in lieu of subsistence, while away from their homes or regular places of business in the performance of services for the Commission.

Amendments

1994—Subsec. (a)(7). Pub. L. 103–304 added par. (7).

1989—Subsec. (c). Pub. L. 101–30, §3(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made.”

Subsec. (d). Pub. L. 101–30, §6(b)(1), substituted “subject to the availability of sufficient funds” for “subject to section 169j–6 of this title”.

Continuation of Terms of Existing Members

Section 3(b) of Pub. L. 101–30 provided that: “The individuals who are members of the Commission on the date of the enactment of this Act [May 17, 1989] shall be considered to have been appointed members for a term ending on the first June 1 that occurs after the date of the enactment of this Act (pursuant to section 4(a) of Public Law 98–399 (98 Stat. 1473) [36 U.S.C. 169j–3(a)] or section 2(c) of this Act [set out as a note under section 169j–8 of this title], as appropriate).”

(a) Meetings

The Commission shall first meet within 30 days after August 27, 1984. At this first meeting the Commission shall elect a chairperson from among its members and shall meet thereafter at the call of the chairperson.

(b) Donations

The Commission may encourage the participation of, and accept, use, and dispose of donations of money, property, and personal services from, individuals and public and private organizations to assist the Commission in carrying out its responsibilities under this Act.

References in Text

This Act, referred to in subsec. (b), is Pub. L. 98–399, Aug. 27, 1984, 98 Stat. 1473, as amended, which enacted sections 169j to 169j–10 of this title. For complete classification of this Act to the Code, see Tables.

(a) Director and staff

The Commission may appoint a director and a staff of not more than five persons, without regard to the provisions of title 5 governing appointments in the competitive service. Subject to the availability of sufficient funds, the Commission shall set the rates of pay for the director and staff, except that the director may not be paid at a rate in excess of the rate of pay for level IV of the Executive Schedule under section 5315 of title 5, and no staff member may be paid at a rate in excess of the maximum rate of pay payable for grade GS–13 of such General Schedule.

(b) Assistance and cooperation of Federal agencies

(1) Upon the request of the Commission, the head of any department or agency of the United States may detail, on a nonreimbursable basis, any of the personnel of such department or agency to the Commission to assist it in carrying out its responsibilities under this Act. A person who has been detailed under the preceding sentence for as many as 365 days (continuously or intermittently) may not subsequently be detailed to the Commission.

(2) Each head of such department or agency is authorized to cooperate with and assist the Commission in carrying out its responsibilities under this Act.

(c) Restrictions on Commission activities

In carrying out the responsibilities of the Commission under this Act, the Commission shall not make any expenditures, or receive or utilize any assistance in the form of the use of office space, personnel, or any other assistance authorized under subsection (b) of this section, for any of the following purposes—

(A) 1 training activities for the purpose of directing or encouraging—

(i) the organization or implementation of campaigns to protest social conditions, and

References in Text

The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (a), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees.

The General Schedule, referred to in subsec. (a), is set out under section 5332 of Title 5.

This Act, referred to in subsecs. (b) and (c), is Pub. L. 98–399, Aug. 27, 1984, 98 Stat. 1473, as amended, which enacted sections 169j to 169j–10 of this title. For complete classification of this Act to the Code, see Tables.

Amendments

1994—Subsec. (a). Pub. L. 103–304, §2(3)(A), substituted “rate of pay for level IV of the Executive Schedule under section 5315” for “maximum rate of pay payable for grade GS–18 of the General Schedule under section 5332”.

Subsec. (b)(1). Pub. L. 103–304, §2(3)(B), inserted at end “A person who has been detailed under the preceding sentence for as many as 365 days (continuously or intermittently) may not subsequently be detailed to the Commission.”

1989—Subsec. (a). Pub. L. 101–30, §6(b)(2), substituted “Subject to the availability of sufficient funds” for “Subject to section 169j–6 of this title”.

Subsec. (c). Pub. L. 101–30, §4, added subsec. (c).

Limitation on Terms of Detail

Section 2(3)(C) of Pub. L. 103–304 provided that: “all Federal employees on loan to the King Commission on the day of enactment of this Act [Aug. 23, 1994] may remain detailed to the Martin Luther King Holiday Commission for not more than 365 days;”.

References in Text

This Act, referred to in text, is Pub. L. 98–399, Aug. 27, 1984, 98 Stat. 1473, as amended, which enacted sections 169j to 169j–10 of this title. For complete classification of this Act to the Code, see Tables.

Amendments

1994—Pub. L. 103–304 amended section generally. Prior to amendment, section read as follows: “There are authorized to be appropriated to carry out this Act $300,000 for fiscal year 1989 and each of the 4 succeeding fiscal years.”

§169j–7. Commission report

(a) In general

Not later than April 20 of each year, the Commission shall submit a report to the President and the Congress concerning its activities under this Act or under the National and Community Service Act of 1990 [42 U.S.C. 12501 et seq.].

(b) Analysis required

The Commission shall include in its annual report—

(1) a detailed description of all activities undertaken by the Commission;

(2) an analysis of the spending practices of the Commission indicating how much of the funds of the Commission are dedicated to salaries, travel expenses, and other overhead costs and how much are dedicated to the stated goals of the Commission; and

(3) a detailed description of any grants made by the Corporation for National and Community Service with the consultation of the Commission.

References in Text

This Act, referred to in subsec. (a), is Pub. L. 98–399, Aug. 27, 1984, 98 Stat. 1473, as amended, which enacted sections 169j to 169j–10 of this title. For complete classification of this Act to the Code, see Tables.

The National and Community Service Act of 1990, referred to in subsec. (a), is Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127, as amended, which is classified principally to chapter 129 (§12501 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of Title 42 and Tables.

Amendments

1994—Pub. L. 103–304 inserted section catchline and amended text generally. Prior to amendment, text read as follows: “Not later than April 20 of each year, the Commission shall submit a report to the President and the Congress concerning its activities under this Act with respect to the most recent observance of the Federal legal holiday honoring the birthday of Martin Luther King, Jr.”

1989—Pub. L. 101–30 substituted “with respect to the most recent observance of the Federal legal holiday honoring the birthday of Martin Luther King, Jr.” for period at end.

Amendments

1989—Pub. L. 101–30 amended section generally, substituting “continue in existence until April 20, 1994” for “cease to exist after April 20, 1989”.

1986—Pub. L. 99–284 substituted “after April 20, 1989” for “after submitting its report under section 169j–7 of this title”.

Reestablishment After Termination

Section 2(c) of Pub. L. 101–30 provided that: “If the date of the enactment of this Act [May 17, 1989] occurs on or after April 20, 1989, the Martin Luther King, Jr., Federal Holiday Commission shall be reestablished on the date of the enactment of this Act with the same members and powers that the Commission had, as provided in Public Law 98–399 (98 Stat. 1473) [enacting sections 169j to 169j–8 of this title], on April 19, 1989 (subject to this Act and the amendments made by this Act [see Short Title of 1989 Amendment note set out under section 169j of this title]).”

§169j–9. Limitations on spending

None of the funds appropriated or donated to the Commission may be used for the purpose of purchasing first class air travel or first class hotel accommodations.

§169j–10. Accounting procedures

The Commission shall follow a comprehensive basis of accounting, as defined by the Comptroller General in B–255473. The Commission shall establish an accounting system for review by the Comptroller General under section 3512 of title 31. The Comptroller General is authorized to review and audit the Commission, its programs, activities, operations, and financial transactions. The Comptroller General, and his agents, shall have access to all records, files, documents, and papers of the Commission, as necessary, to accomplish such audits.

§169k. Asian/Pacific American Heritage Month

(a) Designation

(b) Federal proclamation

The President is authorized and requested to issue annually a proclamation calling on the people of the United States to observe the month designated in subsection (a) of this section with appropriate programs, ceremonies and activities.

(c) State proclamations

The chief executive officer of each State is requested to issue annually a proclamation calling on the people of the State to observe the month designated in subsection (a) of this section with appropriate programs, ceremonies and activities.

(d) “State” defined

For purposes of subsection (c) of this section, the term “State” means any of the several States, the District of Columbia, the Virgin Islands of the United States, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and Palau.

(Pub. L. 102–450, §2, Oct. 23, 1992, 106 Stat. 2251.)

Congressional Findings

Section 1 of Pub. L. 102–450 provided that: “The Congress finds that—

“(1) on May 7, 1843, the first Japanese immigrants came to the United States;

“(2) on May 10, 1869, Golden Spike Day, the first transcontinental railroad in the United States was completed with significant contributions from Chinese pioneers;

“(3) in 1979, at Congress’ direction, the President proclaimed the week beginning on May 4, 1979, as Asian/Pacific American Heritage Week, providing an opportunity for the people of the United States to recognize the history, concerns, contributions, and achievements of Asian and Pacific Americans;

“(4) in 1990, 1991 and 1992, Congress designated and the President proclaimed the month of May as Asian/Pacific American Heritage Month;

“(5) nearly 8,000,000 people in the United States can trace their roots to Asia and the islands of the Pacific; and

“(6) Asian and Pacific Americans have contributed significantly to the development of the arts, sciences, government, military, commerce, and education in the United States.”

§169l. National Pearl Harbor Remembrance Day

December 7 of each year is designated as “National Pearl Harbor Remembrance Day” and the President is authorized and requested—

(1) to issue annually a proclamation calling on the people of the United States to observe the day with appropriate ceremonies and activities; and

(2) to urge all Federal agencies, and interested organizations, groups, and individuals, to fly the flag of the United States at halfstaff each December 7 in honor of the individuals who died as a result of their service at Pearl Harbor.

(Pub. L. 103–308, Aug. 23, 1994, 108 Stat. 1669.)

Recital Clauses

Pub. L. 103–308 upon which this section is based contained several “Whereas” clauses reading as follows:

“Whereas, on December 7, 1941, the Imperial Japanese Navy and Air Force attacked units of the armed forces of the United States stationed at Pearl Harbor, Hawaii;

“Whereas more than 2,000 citizens of the United States were killed and more than 1,000 citizens of the United States were wounded in the attack on Pearl Harbor;

“Whereas the attack on Pearl Harbor marked the entry of the United States into World War II;

“Whereas the veterans of World War II and all other people of the United States commemorate December 7 in remembrance of the attack on Pearl Harbor; and

“Whereas commemoration of the attack on Pearl Harbor will instill in all people of the United States a greater understanding and appreciation of the selfless sacrifice of the individuals who served in the armed forces of the United States during World War II * * *.”

§169m. National Korean War Veterans Armistice Day

July 27 of each year until the year 2003 is designated as “National Korean War Veterans Armistice Day”, and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities, and to urge the departments and agencies of the United States and interested organizations, groups, and individuals to fly the American flag at half staff on July 27 of each year until the year 2003 in honor of the Americans who died as a result of their service in Korea.

(Pub. L. 104–19, title II, §2005, July 27, 1995, 109 Stat. 247.)

CHAPTER 10—PATRIOTIC CUSTOMS

Sec.

170.

National anthem; Star-Spangled Banner.

171.

Conduct during playing.

172.

Pledge of allegiance to the flag; manner of delivery.

173.

Display and use of flag by civilians; codification of rules and customs; definition.

174.

Time and occasions for display.

(a)

Display on buildings and stationary flagstaffs in open; night display.

(b)

Manner of hoisting.

(c)

Inclement weather.

(d)

Particular days of display.

(e)

Display on or near administration building of public institutions.

(f)

Display in or near polling places.

(g)

Display in or near schoolhouses.

175.

Position and manner of display.

176.

Respect for flag.

177.

Conduct during hoisting, lowering or passing of flag.

178.

Modification of rules and customs by President.

179.

Design for service flag; persons entitled to display flag.

180.

Design for service lapel button; persons entitled to wear button.

181.

Approval of designs by Secretary of Defense; license to manufacture and sell; penalties.

182.

Rules and regulations.

182a to 184. Repealed.

185.

Transferred.

186.

National motto.

187.

National floral emblem.

188.

National march.

189.

Recognition of National League of Families POW/MIA flag.

§170. National anthem; Star-Spangled Banner

The composition consisting of the words and music known as The Star-Spangled Banner is designated the national anthem of the United States of America.

(Mar. 3, 1931, ch. 436, 46 Stat. 1508.)

Codification

Section was formerly classified to section 144 of this title.

§171. Conduct during playing

During rendition of the national anthem when the flag is displayed, all present except those in uniform should stand at attention facing the flag with the right hand over the heart. Men not in uniform should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should render the military salute at the first note of the anthem and retain this position until the last note. When the flag is not displayed, those present should face toward the music and act in the same manner they would if the flag were displayed there.

Amendments

1976—Pub. L. 94–344 inserted requirement that during the rendition of the national anthem when the flag is displayed, all persons present except those in uniform should stand at attention, face the flag, and place the right hand over the heart and men with headdress should remove the headdress and hold it at the left shoulder, the hand being over the heart and when the flag is not displayed, those present should face the music and act in the same manner they would if the flag were displayed.

1942—Act Dec. 22, 1942, substituted “all present should face the flag and salute” for “the salute to the flag should be given” in last sentence.

Section Referred to in Other Sections

This section is referred to in section 178 of this title.

§172. Pledge of allegiance to the flag; manner of delivery

The Pledge of Allegiance to the Flag, “I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.”, should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute.

Amendments

1976—Pub. L. 94–344 inserted requirement that during rendition of the Pledge of Allegiance to the Flag, all persons should face the flag and men with headdress except those in uniform should remove their headdress and hold it at the left shoulder, the hand being over the heart.

1954—Act June 14, 1954, inserted “under God,” in the pledge.

1945—Act Dec. 28, 1945, inserted “The following is designated as”, inserted the period after “justice for all.”, and struck out “is rendered by standing with the right hand over the heart.” in first sentence, and inserted sentence “Such pledge should be rendered by standing with the right hand over the heart.”

1942—Act Dec. 22, 1942, struck out “extending the right hand, palm upward, toward the flag at the words ‘to the flag’ and holding this position until the end, when the hand drops to the side.” at end of first sentence.

Section Referred to in Other Sections

This section is referred to in section 178 of this title.

§173. Display and use of flag by civilians; codification of rules and customs; definition

The following codification of existing rules and customs pertaining to the display and use of the flag of the United States of America is established for the use of such civilians or civilian groups or organizations as may not be required to conform with regulations promulgated by one or more executive departments of the Government of the United States. The flag of the United States for the purpose of this chapter shall be defined according to sections 1 and 2 of title 4 and Executive Order 10834 issued pursuant thereto.

Section Referred to in Other Sections

§174. Time and occasions for display

It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed twenty-four hours a day if properly illuminated during the hours of darkness.

(b) Manner of hoisting

The flag should be hoisted briskly and lowered ceremoniously.

(c) Inclement weather

The flag should not be displayed on days when the weather is inclement, except when an all weather flag is displayed.

(d) Particular days of display

The flag should be displayed on all days, especially on New Year's Day, January 1; Inauguration Day, January 20; Lincoln's Birthday, February 12; Washington's Birthday, third Monday in February; Easter Sunday (variable); Mother's Day, second Sunday in May; Armed Forces Day, third Saturday in May; Memorial Day (half-staff until noon), the last Monday in May; Flag Day, June 14; Independence Day, July 4; Labor Day, first Monday in September; Constitution Day, September 17; Columbus Day, second Monday in October; Navy Day, October 27; Veterans Day, November 11; Thanksgiving Day, fourth Thursday in November; Christmas Day, December 25; and such other days as may be proclaimed by the President of the United States; the birthdays of States (date of admission); and on State holidays.

(e) Display on or near administration building of public institutions

The flag should be displayed daily on or near the main administration building of every public institution.

(f) Display in or near polling places

The flag should be displayed in or near every polling place on election days.

(g) Display in or near schoolhouses

The flag should be displayed during school days in or near every schoolhouse.

Codification

“Veterans Day” substituted for “Armistice Day” in subsec. (d) to conform to the provisions of act June 1, 1954, ch. 250, 68 Stat. 168. See section 6103 of Title 5, Government Organization and Employees.

Amendments

1976—Subsec. (a). Pub. L. 94–344, §1(2), substituted provision permitting display of the flag for 24 hours a day to produce a patriotic effect if flag is properly illuminated during the hours of darkness, for provision permitting night display of the flag upon special occasions when it is desired to produce a patriotic effect.

Subsec. (d). Pub. L. 94–344, §1(4), struck out “when the weather permits” after “displayed on all days” and “Army Day, April 6” before “Easter Sunday”, inserted “Armed Forces Day, third Saturday in May”, and substituted “third Monday in February” for “February 22”, “the last Monday in May” for “May 30”, and “second Monday in October” for “October 12”.

Valley Forge State Park, Pennsylvania; Display of Flag

Pub. L. 94–53, July 4, 1975, 89 Stat. 259, provided: “That, notwithstanding the rule or custom pertaining to the display of the flag of the United States of America between sunrise and sunset, as set forth in section 2(a) of the joint resolution, entitled, “Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America”, approved June 22, 1942 (36 U.S.C. 174(a)), the flag of the United States of America may be flown for twenty-four hours of each day on the grounds of the National Memorial Arch in Valley Forge State Park, Valley Forge, Pennsylvania. The flag may not be flown pursuant to the authority contained in this Act during the hours from sunset to sunrise unless it is illuminated.”

Lexington, Massachusetts; Display of Flag

Pub. L. 89–335, Nov. 8, 1965, 79 Stat. 1294, provided: “That, notwithstanding any rule or custom pertaining to the display of the flag of the United States of America as set forth in the joint resolution entitled ‘Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America’, approved June 22, 1942 (36 U.S.C. 171–178), the flag of the United States of America may be flown for twenty-four hours of each day on the green of the town of Lexington, Massachusetts. The flag may not be flown pursuant to the authority contained in this Act during the hours from sunset to sunrise unless it is illuminated.”

Flag House Square, Baltimore, Maryland; Display of Flag; Time

Act Mar. 26, 1954, ch. 109, 68 Stat. 35, provided: “That notwithstanding any rule or custom pertaining to the display of the flag of the United States of America as set forth in the joint resolution entitled ‘Joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America’, approved June 22, 1942, as amended [sections 171 to 178 of this title], authority is hereby conferred on the appropriate officer of the State of Maryland to permit the flying of the flag of the United States for twenty-four hours of each day in Flag House Square, Albemarle and Pratt Streets, Baltimore, Maryland.

“Sec. 2. Subject to the provisions of section 3 of the joint resolution of June 22, 1942, as amended [section 175 of this title], authority is also conferred on the appropriate officer of the State of Maryland to permit the flying of a replica of the flag of the United States which was in use during the War of 1812 for twenty-four hours of each day in Flag House Square, Albemarle and Pratt Streets, Baltimore, Maryland.”

Proc. No. 4064. Display of Flags at the Washington Monument

Proc. No. 4064, July 6, 1971, 36 F.R. 12967, provided:

The Washington Monument stands day and night as America's tribute to our first President. The fifty American flags that encircle the base of the Monument represent our fifty States and, at the same time, symbolize our enduring Federal Union.

As this Nation's 200th year approaches, I believe that it would do all Americans well to remember the years of our first President and to recall the enduring ideals of our Nation.

As an expression of our rededication to the ideals of America and in accordance with the joint resolution of Congress of June 22, 1942 (56 Stat. 377), as amended by the joint resolution of December 22, 1942, (56 Stat. 1074) [this section], which permits the flag to be displayed at night “upon special occasions when it is desired to produce a patriotic effect,” it is appropriate that our national colors henceforth be displayed day and night at the Washington Monument.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim that, effective July 4, 1971, the fifty flags of the United States of America displayed at the Washington Monument in the District of Columbia be flown at all times during the day and night, except when the weather is inclement.

The rules and customs pertaining to the display of the flag as set forth in the joint resolution of June 22, 1942, as amended [section 173 et seq. of this title], are hereby modified accordingly.

IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of July, in the year of our Lord nineteen hundred seventy-one, and of the Independence of the United States of America the one hundred ninety-sixth.

Richard Nixon.

Proc. No. 4131. Display of Flag at United States Customs Ports of Entry

Proc. No. 4131, May 5, 1972, 37 F.R. 9311, provided:

The flag of the United States should be one of the first things seen at our Customs ports of entry, both by American citizens returning from abroad and by travelers from other countries.

As the symbol of our country and our freedoms, the national colors of the United States provide a welcome greeting of warm promise.

Many people, however, enter our country at night when the flag is not flown, because of the nearly universal custom of displaying it only from sunrise to sunset.

Authority exists to amend that custom. A Congressional joint resolution of June 22, 1942 (56 Stat. 377), as amended (36 U.S.C. 173–178), permits the flag to be displayed at night “upon special occasions when it is desired to produce a patriotic effect.”

I believe it is appropriate that returning citizens and visitors from other countries be welcomed by our flag whether they arrive at their ports of entry by night or by day.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim that the flag of the United States of America shall hereafter be displayed at all times during the day and night, except when the weather is inclement, at United States Customs ports of entry which are continually open.

The rules and customs pertaining to the display of the flag, as set forth in the joint resolution of June 22, 1942, as amended, are hereby modified accordingly.

IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of May, in the year of our Lord nineteen hundred seventy-two, and of the Independence of the United States of America the one hundred ninety-sixth.

Richard Nixon.

Cross References

National observances, display of flag on, see section 141 et seq. of this title.

Section Referred to in Other Sections

This section is referred to in section 178 of this title.

§175. Position and manner of display

The flag, when carried in a procession with another flag or flags, should be either on the marching right; that is, the flag's own right, or, if there is a line of other flags, in front of the center of that line.

(a) The flag should not be displayed on a float in a parade except from a staff, or as provided in subsection (i) of this section.

(b) The flag should not be draped over the hood, top, sides, or back of a vehicle or of a railroad train or a boat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the right fender.

(c) No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy. No person shall display the flag of the United Nations or any other national or international flag equal, above, or in a position of superior prominence or honor to, or in place of, the flag of the United States at any place within the United States or any Territory or possession thereof: Provided, That nothing in this section shall make unlawful the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the United Nations.

(d) The flag of the United States of America, when it is displayed with another flag against a wall from crossed staffs, should be on the right, the flag's own right, and its staff should be in front of the staff of the other flag.

(e) The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs.

(f) When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States flag's right.

(g) When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace.

(h) When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the window sill, balcony, or front of a building, the union of the flag should be placed at the peak of the staff unless the flag is at half staff. When the flag is suspended over a sidewalk from a rope extending from a house to a pole at the edge of the sidewalk, the flag should be hoisted out, union first, from the building.

(i) When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag's own right, that is, to the observer's left. When displayed in a window, the flag should be displayed in the same way, with the union or blue field to the left of the observer in the street.

(j) When the flag is displayed over the middle of the street, it should be suspended vertically with the union to the north in an east and west street or to the east in a north and south street.

(k) When used on a speaker's platform, the flag, if displayed flat, should be displayed above and behind the speaker. When displayed from a staff in a church or public auditorium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman's or speaker's right as he faces the audience. Any other flag so displayed should be placed on the left of the clergyman or speaker or to the right of the audience.

(l) The flag should form a distinctive feature of the ceremony of unveiling a statue or monument, but it should never be used as the covering for the statue or monument.

(m) The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed at half-staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff. The flag shall be flown at half-staff thirty days from the death of the President or a former President; ten days from the day of death of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a State, territory, or possession; and on the day of death and the following day for a Member of Congress. The flag shall be flown at halfstaff on Peace Officers Memorial Day, unless that day is also Armed Forces Day. As used in this subsection—

(1) the term “half-staff” means the position of the flag when it is one-half the distance between the top and bottom of the staff;

(2) the term “executive or military department” means any agency listed under sections 101 and 102 of title 5; and

(3) the term “Member of Congress” means a Senator, a Representative, a Delegate, or the Resident Commissioner from Puerto Rico.

(n) When the flag is used to cover a casket, it should be so placed that the union is at the head and over the left shoulder. The flag should not be lowered into the grave or allowed to touch the ground.

(o) When the flag is suspended across a corridor or lobby in a building with only one main entrance, it should be suspended vertically with the union of the flag to the observer's left upon entering. If the building has more than one main entrance, the flag should be suspended vertically near the center of the corridor or lobby with the union to the north, when entrances are to the east and west or to the east when entrances are to the north and south. If there are entrances in more than two directions, the union should be to the east.

Subsec. (f). Pub. L. 94–344, §1(7), substituted “to the United States flag's right” for “to the right of the flag of the United States”.

Subsec. (i). Pub. L. 94–344, §1(8), substituted requirement that when the flag is displayed horizontally or vertically against a wall or in a window, the union should be uppermost and to the flag's own right for requirement that when the flag is displayed otherwise than from a staff, it should be displayed flat, whether indoors or out, or so suspended that it falls as free as though it were staffed.

Subsec. (k). Pub. L. 94–344, §1(9), struck out provisions relating to flag position when displayed on a staff in the chancel of a church or speaker's platform of an auditorium.

Subsec. (m). Pub. L. 94–344, §1(10), inserted provisions relating to half-staff display of the flag on Memorial Day and upon the death of principal figures of the United States government and State governments and definitions of terms therein and struck out provisions relating to the affixing of crepe streamers to spearheads and flagstaffs in a parade only on the order of the President.

Subsec. (o). Pub. L. 94–344, §1(11), added subsec. (o).

1953—Subsec. (c). Act July 9, 1953, inserted second sentence.

1942—Subsecs. (i) and (m). Act Dec. 22, 1942, inserted “or so suspended that its folds fall as free as though the flag were staffed” to subsec. (i) and omitted therefrom provisions covering display against a wall or in a window, and substituted “lowering” for “hauling” in third sentence of subsec. (m).

Flag House Square, Baltimore, Maryland; Display of Replica of Flag Used in War of 1812; Time

Display of replica of flag used in War of 1812 for twenty-four hours each day in Flag House Square, Baltimore, Maryland, as subject to this section, see note set out under section 174 of this title.

Proc. No. 3044. Display of Flag at Half-Staff Upon Death of Certain Officials and Former Officials

WHEREAS it is appropriate that the flag of the United States of America be flown at half-staff on Federal buildings, grounds, and facilities upon the death of principal officials and former officials of the Government of the United States and the Governors of the States, Territories, and possessions of the United States as a mark of respect to their memory; and

WHEREAS it is desirable that rules be prescribed for the uniform observance of this mark of respect by all executive departments and agencies of the Government, and as a guide to the people of the Nation generally on such occasions:

NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United States of America and Commander in Chief of the armed forces of the United States, do hereby prescribe and proclaim the following rules with respect to the display of the flag of the United States of America at half-staff upon the death of the officials hereinafter designated:

1. The flag of the United States shall be flown at half-staff on all buildings, grounds, and naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions for the period indicated upon the death of any of the following-designated officials or former officials of the United States:

(a) The President or a former President: for thirty days from the day of death.

The flag shall also be flown at half-staff for such period at all United States embassies, legations, and other facilities abroad, including all military facilities and naval vessels and stations.

(b) The Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives: for ten days from the day of death.

(c) An Associate Justice of the Supreme Court, a member of the Cabinet, a former Vice President, the President pro tempore of the Senate, the Majority Leader of the Senate, the Minority Leader of the Senate, the Majority Leader of the House of Representatives, or the Minority Leader of the House of Representatives: from the day of death until interment.

2. The flag of the United States shall be flown at half-staff on all buildings, grounds, and naval vessels of the Federal Government in the metropolitan area of the District of Columbia on the day of death and on the following day upon the death of a United States Senator, Representative, Territorial Delegate, or the Resident Commissioner from the Commonwealth of Puerto Rico, and it shall also be flown at half-staff on all buildings, grounds, and naval vessels of the Federal Government in the State, Congressional District, Territory, or Commonwealth of such Senator, Representative, Delegate, or Commissioner, respectively, from the day of death until interment.

3. The flag of the United States shall be flown at half-staff on all buildings and grounds of the Federal Government in a State, Territory, or possession of the United States upon the death of the Governor of such State, Territory, or possession from the day of death until interment.

4. In the event of the death of other officials, former officials, or foreign dignitaries, the flag of the United States shall be displayed at half-staff in accordance with such orders or instructions as may be issued by or at the direction of the President, or in accordance with recognized customs or practices not inconsistent with law.

5. The heads of the several departments and agencies of the Government may direct that the flag of the United States be flown at half-staff on buildings, grounds, or naval vessels under their jurisdiction on occasions other than those specified herein which they consider proper, and that suitable military honors be rendered as appropriate.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this 1st day of March in the year of our Lord nineteen hundred and fifty-four, and of the Independence of the United States of America the one hundred and seventy-eighth.

[seal]

Dwight D. Eisenhower.

Section Referred to in Other Sections

This section is referred to in sections 167, 178 of this title.

§176. Respect for flag

No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor.

(a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property.

(b) The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise.

(c) The flag should never be carried flat or horizontally, but always aloft and free.

(d) The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker's desk, draping the front of the platform, and for decoration in general.

(e) The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way.

(f) The flag should never be used as a covering for a ceiling.

(g) The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature.

(h) The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything.

(i) The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown.

(j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart.

(k) The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning.

Cross References

Police uniforms to display U.S. flag emblem or colors, see section 210a of Title 40, Public Buildings, Property, and Works.

Section Referred to in Other Sections

This section is referred to in section 178 of this title.

§177. Conduct during hoisting, lowering or passing of flag

During the ceremony of hoisting or lowering the flag or when the flag is passing in a parade or in review, all persons present except those in uniform should face the flag and stand at attention with the right hand over the heart. Those present in uniform should render the military salute. When not in uniform, men should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Aliens should stand at attention. The salute to the flag in a moving column should be rendered at the moment the flag passes.

Amendments

1976—Pub. L. 94–344 substituted in first sentence “with right hand over the heart” for “, and salute” and struck out “Men without hats should salute in the same manner.” before “Aliens should” and “Women should salute by placing right hand over the heart.” before “The salute to the flag”.

1942—Act Dec. 22, 1942, substituted “military salute,” for “right-hand salute” in second sentence, “should salute in the same manner,” for “merely stand at attention” in fourth sentence, and inserted fifth sentence.

Cross References

Alien as used in Immigration and Nationality Act defined, see section 1101 of Title 8, Aliens and Nationality.

Section Referred to in Other Sections

This section is referred to in section 178 of this title.

§178. Modification of rules and customs by President

Any rule or custom pertaining to the display of the flag of the United States of America, set forth herein, may be altered, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander in Chief of the Armed Forces of the United States, whenever he deems it to be appropriate or desirable; and any such alteration or additional rule shall be set forth in a proclamation.

References in Text

Herein, referred to in text, means act June 22, 1942, which is classified to sections 171 to 178 of this title.

Amendments

1976—Pub. L. 94–344 substituted “Armed Forces” for “Army and Navy”.

1942—Act Dec. 22, 1942, reenacted section without change.

Proc. No. 2605. The Flag of the United States

Proc. No. 2605, Feb. 18, 1944, 9 F.R. 1957, 58 Stat. 1126, provided:

The flag of the United States of America is universally representative of the principles of the justice, liberty, and democracy enjoyed by the people of the United States; and

People all over the world recognize the flag of the United States as symbolic of the United States; and

The effective prosecution of the war requires a proper understanding by the people of other countries of the material assistance being given by the Government of the United States:

NOW, THEREFORE, by virtue of the power vested in me by the Constitution and laws of the United States, particularly by the Joint Resolution approved June 22, 1942, as amended by the Joint Resolution approved December 22, 1942 [sections 171 to 178 of this title], as President and Commander in Chief, it is hereby proclaimed as follows:

1. The use of the flag of the United States or any representation thereof, if approved by the Foreign Economic Administration, on labels, packages, cartons, cases, or other containers for articles or products of the United States intended for export as lend-lease aid, as relief and rehabilitation aid, or as emergency supplies for the Territories and possessions of the United States, or similar purposes, shall be considered a proper use of the flag of the United States and consistent with the honor and respect due to the flag.

2. If any article or product so labelled, packaged or otherwise bearing the flag of the United States or any representation thereof, as provided for in section 1, should, by force of circumstances, be diverted to the ordinary channels of domestic trade, no person shall be considered as violating the rules and customs pertaining to the display of the flag of the United States, as set forth in the Joint Resolution approved June 22, 1942, as amended by the Joint Resolution approved December 22, 1942 (U.S.C., Supp. II, title 36, secs. 171–178) for possessing, transporting, displaying, selling or otherwise transferring any such article or product solely because the label, package, carton, case, or other container bears the flag of the United States or any representation thereof.

Proc. No. 4000. Display of Flag at White House

Proc. No. 4000, Sept. 4, 1970, 35 F.R. 14187, provided:

WHEREAS the joint resolution of Congress of June 22, 1942, entitled “Joint Resolution to Codify and Emphasize Existing Rules and Customs Pertaining to the Display and Use of the Flag of the United States of America,” as amended by the joint resolution of December 22, 1942, 56 Stat. 1074 [sections 173 to 178 of this title], contains the following provisions:

“Sec. 2. (a) It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, the flag may be displayed at night upon special occasions when it is desired to produce a patriotic effect.

* * * * *

“Sec. 8. Any rule or custom pertaining to the display of the flag of the United States of America, set forth herein, may be altered, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander in Chief of the Army and Navy of the United States, whenever he deems it to be appropriate or desirable; and any such alteration or additional rule shall be set forth in a proclamation.”; and

WHEREAS the White House is a house that belongs to all the people; and

WHEREAS the White House, as the home of the President and his family, symbolizes the love of home and family which has long characterized our people; and

WHEREAS it is customary for many of our own citizens and many persons from other countries who visit our Nation's Capital to view the White House at night; and

WHEREAS it is thus appropriate that the flag be flown over the White House by night as well as by day:

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim that the flag of the United States of America shall hereafter be displayed at the White House at all times during the day and night, except when the weather is inclement.

The rules and customs pertaining to the display of the flag as set forth in the joint resolution of June 22, 1942, as amended, are hereby modified accordingly.

IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of September, in the year of our Lord nineteen hundred and seventy, and of the Independence of the United States of America the one hundred and ninety-fifth.

Richard Nixon.

§179. Design for service flag; persons entitled to display flag

The Secretary of Defense is authorized and directed to approve a design for a service flag, which flag may be displayed in a window of the place of residence of persons who are members of the immediate family of a person serving in the armed forces of the United States during any period of war or hostilities in which the Armed Forces of the United States may be engaged.

Amendments

1953—Act May 27, 1953, substituted “Secretary of Defense” for “Secretary of War” and “any period of war or hostilities in which the Armed Forces of the United States may be engaged” for “the current war”.

Section Referred to in Other Sections

The Secretary of Defense is also authorized and directed to approve a design for a service lapel button, which button may be worn by members of the immediate family of a person serving in the armed forces of the United States during any period of war or hostilities in which the Armed Forces of the United States may be engaged.

Amendments

1953—Act May 27, 1953, substituted “Secretary of Defense” for “Secretary of War” and “any period of war or hostilities in which the Armed Forces of the United States may be engaged” for “the current war”.

Section Referred to in Other Sections

This section is referred to in sections 181, 182 of this title.

§181. Approval of designs by Secretary of Defense; license to manufacture and sell; penalties

Upon the approval by the Secretary of Defense of the design for such service flag and service lapel button, he shall cause notice thereof, together with a description of the approved flag and button, to be published in the Federal Register. Thereafter any person may apply to the Secretary of Defense for a license to manufacture and sell the approved service flag, or the approved service lapel button, or both. Any person, firm, or corporation who manufactures any such service flag or service lapel button without having first obtained such a license, or otherwise violates sections 179 to 182 of this title, shall, upon conviction thereof, be fined not more than $1,000.

Section 183, act Nov. 22, 1943, ch. 301, §1, 57 Stat. 590, authorized a gift to relative of a person who died while in military or naval service of United States flag used at such member's funeral. See section 2301 of Title 38, Veterans’ Benefits.

Effective Date of Repeal

Repeal effective Jan. 1, 1959, see section 2 of Pub. L. 85–857, set out as an Effective Date note preceding Part I of Title 38, Veterans’ Benefits.

§185. Transferred

Codification

Section, act Apr. 17, 1952, ch. 216, 66 Stat. 64, which related to National Day of Prayer, was transferred to section 169h of this title.

§186. National motto

The national motto of the United States is declared to be “In God we trust.”

(July 30, 1956, ch. 795, 70 Stat. 732.)

§187. National floral emblem

The flower commonly known as the rose is designated and adopted as the national floral emblem of the United States of America, and the President of the United States is authorized and requested to declare such fact by proclamation.

(Pub. L. 99–449, Oct. 7, 1986, 100 Stat. 1128.)

Proc. No. 5574. The Rose Proclaimed the National Foral Emblem of the United States of America

Proc. No. 5574, Nov. 20, 1986, 51 F.R. 42197, provided:

Americans have always loved the flowers with which God decorates our land. More often than any other flower, we hold the rose dear as the symbol of life and love and devotion, of beauty and eternity. For the love of man and woman, for the love of mankind and God, for the love of country, Americans who would speak the language of the heart do so with a rose.

We see proofs of this everywhere. The study of fossils reveals that the rose has existed in America for age upon age. We have always cultivated roses in our gardens. Our first President, George Washington, bred roses, and a variety he named after his mother is still grown today. The White House itself boasts a beautiful Rose Garden. We grow roses in all our fifty States. We find roses throughout our art, music, and literature. We decorate our celebrations and parades with roses. Most of all, we present roses to those we love, and we lavish them on our altars, our civil shrines, and the final resting places of our honored dead.

The American people have long held a special place in their hearts for roses. Let us continue to cherish them, to honor the love and devotion they represent, and to bestow them on all we love just as God has bestowed them on us.

The Congress, by Senate Joint Resolution 159 [Pub. L. 99–449, 36 U.S.C. 187], has designated the rose as the National Floral Emblem of the United States and authorized and requested the President to issue a proclamation declaring this fact.

NOW, THEREFORE, I, RONALD REAGAN, President of the United States of America, do hereby proclaim the rose as the National Floral Emblem of the United States of America.

IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of November, in the year of our Lord nineteen hundred and eighty-six, and of the Independence of the United States of America the two hundred and eleventh.

Ronald Reagan.

§188. National march

The composition by John Philip Sousa entitled “The Stars and Stripes Forever” is hereby designated as the national march of the United States of America.

(Pub. L. 100–186, Dec. 11, 1987, 101 Stat. 1286.)

§189. Recognition of National League of Families POW/MIA flag

The National League of Families POW/MIA flag is hereby recognized officially and designated as the symbol of our Nation's concern and commitment to resolving as fully as possible the fates of Americans still prisoner, missing and unaccounted for in Southeast Asia, thus ending the uncertainty for their families and the Nation.

(Pub. L. 101–355, §2, Aug. 10, 1990, 104 Stat. 416.)

Display of POW/MIA Flag

“(a) Display of POW/MIA Flag.—The POW/MIA flag, having been recognized and designated in section 2 of Public Law 101–355 (104 Stat. 416) [36 U.S.C. 189] as the symbol of the Nation's concern and commitment to resolving as fully as possible the fates of Americans still prisoner, missing, and unaccounted for, thus ending the uncertainty for their families and the Nation, shall be displayed—

“(1) at each national cemetery and at the National Vietnam Veterans Memorial each year on Memorial Day and Veterans Day and on any day designated by law as National POW/MIA Recognition Day; and

“(2) on, or on the grounds of, the buildings specified in subsection (b) on any day designated by law as National POW/MIA Recognition Day.

“(b) Specified Buildings for Flag Display.—The buildings referred to in subsection (a)(2) are the buildings containing the primary offices of—

“(1) the Secretary of State;

“(2) the Secretary of Defense;

“(3) the Secretary of Veterans Affairs; and

“(4) the Director of the Selective Service System.

“(c) Procurement and Distribution of Flags.—Within 30 days after the date of the enactment of this Act [Dec. 5, 1991], the Administrator of General Services shall procure POW/MIA flags and distribute them as necessary to carry out this section.

“(d) Termination of Flag Display Requirement.—Subsection (a) shall cease to apply upon a determination by the President that the fullest possible accounting has been made of all members of the Armed Forces and civilian employees of the United States who have been identified as prisoner of war or missing in action in Southeast Asia.

“(e) POW/MIA Flag Defined.—As used in this section, the term ‘POW/MIA flag’ means the National League of Families POW/MIA flag recognized officially and designated by section 2 of Public Law 101–355 (104 Stat. 416).”

CHAPTER 11—CIVIL AIR PATROL

Sec.

201.

Corporation created.

202.

Objects and purposes of corporation.

203.

Membership.

204.

Prohibition against issuance of stock or business activities; completion of organization.

205.

Powers of corporation.

206.

Exclusive right to name, insignia, copyrights, emblems and badges.

207.

Annual report.

208.

Reservation of right to amend or repeal chapter.

§201. Corporation created

The following-named persons, to wit: Harold F. Wood, of Alabama; J. M. Morris, of Arizona; Rex P. Hayes, of Arkansas; Bertrand Rhine, of California; J. A. Smethills, of Colorado; W. T. Gilbert, of Connecticut; William J. Simpson, of Delaware; Zack T. Mosley, of Florida; J. L. Dobbins, of Georgia; Leverett Davis, of Idaho; Gordon A. DaCosta, of Illinois; Walker W. Winslow, of Indiana; Don C. Johnston, of Iowa; J. Howard Wilcox, of Kansas; W. S. Rinehart, of Kentucky; Richard G. Jones, of Louisiana; Guy P. Gannett, of Maine; Edward R. Fenimore, of Maryland; John Shennett, of Massachusetts; Ray R. Baker, of Michigan; Clayton N. Wulff, of Minnesota; J. R. Dowd, of Mississippi; L. W. Greene, of Missouri; Roy W. Milligan, of Montana; Rudy C. Mueller, of Nebraska; Eugene H. Howell, of Nevada; John F. Brown, of New Hampshire; Frank D. Carvin, of New Jersey; Lewis W. Graham, of New Mexico; Stuart C. Welch, of New York; Frank E. Dawson, of North Carolina; Irven A. Myhra, of North Dakota; George A. Stone, of Ohio; W. H. Shockey, of Oklahoma; G. Robert Dodson, of Oregon; Phillip F. Neuweiler, of Pennsylvania; Norris W. Rakestraw, of Rhode Island; Dexter C. Martin, of South Carolina; James R. Barnett, of South Dakota; W. C. Whelen, of Tennessee; D. Harold Byrd, of Texas; Joseph D. Bergin, of Utah; William V. Mason, of Vermont; Allan C. Perkinson, of Virginia; E. R. Schiller, of Washington; Hubert H. Stark, of West Virginia; John F. Stratton, of Wisconsin; and Albert W. Dickinson, Junior, of Wyoming, and their associates and successors, are incorporated and declared to be a body corporate by the name of the Civil Air Patrol (hereinafter referred to as the “corporation”).

(July 1, 1946, ch. 527, §1, 60 Stat. 346.)

Section Referred to in Other Sections

This section is referred to in sections 204, 206 of this title.

§202. Objects and purposes of corporation

The objects and purposes of the corporation shall be—

(a) To provide an organization to encourage and aid American citizens in the contribution of their efforts, services, and resources in the development of aviation and in the maintenance of air supremacy, and to encourage and develop by example the voluntary contribution of private citizens to the public welfare;

(b) To provide aviation education and training especially to its senior and cadet members; to encourage and foster civil aviation in local communities and to provide an organization of private citizens with adequate facilities to assist in meeting local and national emergencies.

(July 1, 1946, ch. 527, §2, 60 Stat. 346.)

Cross References

Citizenship clause, see Const. Amend. 14, §1.

Section Referred to in Other Sections

This section is referred to in sections 201, 206 of this title; title 10 section 9441.

§203. Membership

Eligibility for membership in the corporation and the rights and privileges of members shall be determined according to the constitution and bylaws of the corporation: Provided, That the original members shall consist of the present Civil Air Patrol membership, numbering more than one hundred thousand senior and cadet members.

(July 1, 1946, ch. 527, §3, 60 Stat. 346.)

Section Referred to in Other Sections

This section is referred to in sections 201, 206 of this title.

§204. Prohibition against issuance of stock or business activities; completion of organization

(a) The corporation shall have no power to issue capital stock or engage in business for pecuniary profit or gain, its objects and purposes being solely of a benevolent character and not for the pecuniary profit or gain of its members.

(b) The persons named in section 201 of this title, their associates, and successors are authorized to complete the organization of the corporation by the selection of officers, the adoption of a constitution and bylaws, the promulgation of rules or regulations that may be necessary for the accomplishment of the purposes of this corporation, and the doing of such other acts as may be necessary for such purposes.

(July 1, 1946, ch. 527, §4, 60 Stat. 347.)

Section Referred to in Other Sections

This section is referred to in sections 201, 206 of this title.

§205. Powers of corporation

The corporation shall have perpetual succession and power—

(a) To sue and be sued;

(b) To acquire, hold, mortgage, and dispose of such real and personal property as may be necessary for its corporate purposes;

(c) To accept gifts, legacies, and devises which will further the corporate purposes;

(d) To adopt and alter a corporate seal;

(e) To adopt and alter a constitution, bylaws, rules and regulations, not inconsistent with law;

(f) To establish and maintain offices for the conduct of the affairs of the corporation in the District of Columbia and in the several States and Territories of the United States;

(g) To do any and all acts and things necessary and proper to carry into effect the objects and purposes of the corporation.

(July 1, 1946, ch. 527, §5, 60 Stat. 347.)

Section Referred to in Other Sections

This section is referred to in sections 201, 206 of this title.

§206. Exclusive right to name, insignia, copyrights, emblems and badges

The corporation shall have the sole and exclusive right to the name “Civil Air Patrol” and to have and to use, in carrying out its purposes, all insignia, copyrights, emblems and badges, descriptive or designating marks, and words or phrases now or prior to July 1, 1946 used by the Civil Air Patrol in carrying out its program: Provided, however, That no powers or privileges herein granted shall interfere or conflict with established or vested rights.

(July 1, 1946, ch. 527, §6, 60 Stat. 347.)

References in Text

Herein, referred to in text, means act July 1, 1946, which is classified to sections 201 to 208 of this title.

Section Referred to in Other Sections

This section is referred to in section 201 of this title.

§207. Annual report

The corporation shall make and transmit to Congress each year a report of its proceedings and activities for the preceding calendar year.

(July 1, 1946, ch. 527, §7, 60 Stat. 347.)

Section Referred to in Other Sections

This section is referred to in sections 201, 206 of this title.

§208. Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

Section Referred to in Other Sections

This section is referred to in section 222 of this title.

§222. Completion of organization

A majority of the persons named in section 221 of this title and other persons selected from the membership of the Reserve Officers Association of the United States, an unincorporated association with national headquarters in the District of Columbia, met in national convention in Denver, Colorado, on June 16, 17, 18, and 19, 1948, and then and there, by and through duly elected delegates, adopted a national constitution and bylaws, elected national officers for such association, and did other acts and things necessary to the organization and continuance of the association. Such meeting in national convention, and the doing of such acts and things, on such dates, shall be held and considered to be a completion of the corporate organization of the Reserve Officers Association of the United States, the corporation created by this chapter.

(June 30, 1950, ch. 431, §2, 64 Stat. 313.)

§223. Object and purpose of corporation

The object and purpose of the corporation shall be to support a military policy for the United States that will provide adequate national security and to promote the development and execution thereof.

(June 30, 1950, ch. 431, §3, 64 Stat. 313.)

§224. Powers of corporation

The corporation shall have perpetual succession and power—

(1) to sue and be sued;

(2) to acquire, hold, lease, and dispose of such real and personal property as may be necessary to carry out the corporate object and purpose;

(3) to accept gifts, legacies, and devises in furtherance of the corporate object and purpose;

(4) to adopt and alter a corporate seal;

(5) to adopt and alter a constitution and bylaws not inconsistent with the laws of the United States or of any State;

(6) to establish, regulate, and discontinue subordinate departmental subdivisions and local chapters;

(7) to adopt and alter emblems and badges;

(8) to publish a newspaper, magazine, or other publications; and

(9) to do any and all acts and things necessary and proper to carry out the object and purpose of the corporation.

(June 30, 1950, ch. 431, §4, 64 Stat. 313.)

§225. Membership

Eligibility for membership in the corporation shall be determined according to the constitution and bylaws of the corporation.

(June 30, 1950, ch. 431, §5, 64 Stat. 313.)

§226. Officers

Officers of the corporation shall be a president, three vice presidents, three junior vice presidents, three national executive committeemen, an executive director, a national treasurer, judge advocate, surgeon, chaplain, historian, public relations officer, and such other officers as may be determined in national convention by the corporation.

(June 30, 1950, ch. 431, §6, 64 Stat. 313.)

§227. National executive committee

(a) Composition

The governing body of the corporation shall be a national executive committee consisting of the president, the last past president, three vice presidents, three junior vice presidents, three national executive committeemen, and the executive director. Each of such persons constituting the national executive committee, except the executive director, shall have one vote upon all matters determined by the committee.

(b) Election of national officers; tenure; appointments

The national officers of the corporation shall be elected at an annual national convention and shall hold office for one year or until their successors have been duly elected and qualified, except the executive director, the national treasurer, and the national public relations officer, who shall be appointed by the national executive committee. In the event of the death, inability to serve, or resignation of any member of the national executive committee, other than the last past president or the president, the vacancy shall be filled by the existing members of the national executive committee. Any person appointed by the committee to fill a vacancy shall serve until the next national convention when his successor shall be elected for the unexpired term, if any, caused by the vacancy. The national vice president of the same service as the president shall assume the duties and have the powers of the president in the event of his death, inability to serve, resignation, or absence.

(c) Composition of national convention

The national convention shall be composed of delegates elected by the various departments.

(e) Voting

In conducting the official business of any department or chapter each active member of such department or chapter shall have one vote.

(June 30, 1950, ch. 431, §7, 64 Stat. 313.)

§228. Acquisition of assets and liabilities of existing association

The corporation may acquire any or all of the assets of the unincorporated association, known as the Reserve Officers Association of the United States, upon discharging or satisfactorily providing for the payment and discharge of all the liabilities of such unincorporated association.

(June 30, 1950, ch. 431, §8, 64 Stat. 314.)

§229. Prohibition against issuance of stock or business activities

The corporation shall have no power to issue capital stock or to engage in business for pecuniary profit or gain.

(June 30, 1950, ch. 431, §9, 64 Stat. 314.)

Cross References

Exemption from income tax of certain organizations, see section 501 of Title 26, Internal Revenue Code.

§230. Nonpolitical nature of corporation

The corporation, and its members and officers as such, shall not contribute to or otherwise support or assist any political party or candidate for elective public office.

(June 30, 1950, ch. 431, §10, 64 Stat. 314.)

§231. Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member or officer thereof, or be distributable to any such person except upon dissolution and final liquidation of the corporation when, after the discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation shall be divided equally among the then active members and officers.

(June 30, 1950, ch. 431, §11, 64 Stat. 314.)

§232. Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

(June 30, 1950, ch. 431, §12, 64 Stat. 314.)

§233. Books and records; inspection

The corporation shall keep current and complete books and records of account and shall also keep minutes of the proceedings of the national conventions, the national executive committee, and the national council. It shall keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member or his agent or attorney for any proper purpose at any reasonable time.

(June 30, 1950, ch. 431, §13, 64 Stat. 314.)

§234. Loans to officers; liability

The corporation shall not make any loans to its officers or members of the national executive committee. Any member of the national executive committee who votes for or assents to the making of a loan or advance to an officer of the corporation, and any officer who participates in the making of such a loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

(June 30, 1950, ch. 431, §14, 64 Stat. 314.)

§235. Repealed. Pub. L. 88–504, §4(12), Aug. 30, 1964, 78 Stat. 637

Section, act June 30, 1950, ch. 431, §15, 64 Stat. 315, related to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this title.

§236. Headquarters; agent for service of process

The national headquarters of the corporation shall be located in the District of Columbia. The corporation shall maintain at all times in the District a designated agent authorized to accept service of legal process for the corporation. Notice to or service upon such agent shall be deemed to be notice to or service upon the corporation.

(June 30, 1950, ch. 431, §16, 64 Stat. 315.)

§237. Agents for service of process

As a condition precedent to the exercise of any power or privilege granted or conferred under this chapter, the corporation shall file in the office of the secretary of state, or similar officer, in each State and in each Territory or possession of the United States, in which subordinate departments and local chapters are organized, the name and post office address of an authorized agent in such State upon whom legal process or demands against the corporation may be served.

(June 30, 1950, ch. 431, §17, 64 Stat. 315.)

§238. Exclusive right to name, seals, emblems, and badges

The corporation and its subordinate departmental subdivisions and local chapters shall have the sole and exclusive right to have, and to use in carrying out its object and purpose, the name of “Reserve Officers Association of the United States” and such seals, emblems, and badges as the corporation may lawfully adopt.

(June 30, 1950, ch. 431, §18, 64 Stat. 315.)

§239. Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

(June 30, 1950, ch. 431, §19, 64 Stat. 315.)

CHAPTER 13—NATIONAL ACADEMY OF SCIENCES

Sec.

251.

Corporation created.

252.

Powers of corporation.

253.

Meeting; duties; expenses and compensation.

254.

Acquisition of property by devise, bequest, donation, or otherwise; limitation of real estate.

§252. Powers of corporation

The National Academy of Sciences shall have power to make its own organization, including its constitution, by-laws, and rules and regulations; to fill all vacancies created by death, resignation, or otherwise; to provide for the election of foreign and domestic members, the division into classes, and all other matters needful or usual in such institution, and to report the same to Congress.

Codification

Provisions of this section which limited the National Academy of Sciences to not more than fifty ordinary members were omitted by act July 14, 1870.

§253. Meeting; duties; expenses and compensation

The National Academy of Sciences shall hold an annual meeting at such place in the United States as may be designated, and the academy shall, whenever called upon by any department of the Government, investigate, examine, experiment, and report upon any subject of science or art, the actual expense of such investigations, examinations, experiments, and reports, to be paid from appropriations which may be made for the purpose, but the academy shall receive no compensation whatever for any services to the Government of the United States.

(Mar. 3, 1863, ch. 111, §3, 12 Stat. 806.)

Ex. Ord. No. 2859. National Research Council of National Academy of Sciences

WHEREAS (1) the congressional charter of the National Academy of Sciences (“Academy”) charges it, upon call from any U.S. Government Department, to investigate, examine, experiment, and report upon any subject of science or art and (2) the actual expenses of the Academy for such investigations, examinations, experiments, and reports shall be paid to the Academy through one or more of the following: private gifts and bequests; appropriations for the benefit of the Academy; grants-in-aid, contracts, and other forms of financial agreement with executive departments and agencies, provided that the Academy shall receive no compensation whatever for any services to the Government of the United States; and

WHEREAS the National Research Council (“Council”) was organized in 1916 at the request of the President by the National Academy of Sciences, under its congressional charter, as a measure of national preparedness; and

WHEREAS the Council is the principal operating agency of the National Academy of Sciences and the National Academy of Engineering, the latter having been established in 1964 under the charter of the National Academy of Sciences; and

WHEREAS the Institute of Medicine of the National Academy of Sciences, established in 1970 under the Academy's charter, conducts its programs and activities under the approval, operating, and review procedures of the Council; and

WHEREAS in recognition of the work accomplished through the Council in organizing research, in furthering science, and in securing cooperation of government and nongovernment agencies in the solution of their problems, the Council has been perpetuated by the Academy as requested by the President in Executive Order No. 2859 of May 11, 1918; and

WHEREAS the effective prosecution of the Council's work may require the close cooperation of the scientific and technical branches of the Government, both military and civil, and makes participation by officers and employees of the Government in the work of the Council desirable; and

NOW, THEREFORE, by the authority vested in me as President by the Constitution and the laws of the United States of America, it is ordered as follows:

1. The functions of the Council shall be as follows:

(a) To stimulate research in the mathematical, physical, biological, environmental, and social sciences, and in the application of these sciences to engineering, agriculture, medicine, and other useful arts, with the object of increasing knowledge, of strengthening the national security including the contribution of science and engineering to economic growth, of ensuring the health of the American people, of aiding in the attainment of environmental goals, and of contributing in other ways to the public welfare.

(b) To survey the broad possibilities of science, to formulate comprehensive projects of research, and to develop effective means of utilizing the scientific and technical resources of the country for dealing with such projects.

(c) To promote cooperation in research, at home and abroad, in order to secure concentration of effort, minimize duplication, and stimulate progress; but in all cooperative undertakings to give encouragement to individual initiative, as fundamentally important to the advancement of science.

(d) To serve as a means of bringing American and foreign investigators into active cooperation with the scientific and technical services of the Federal Government.

(e) To direct the attention of scientific and technical investigators to the importance of military and industrial problems in connection with national security, to the importance of environmental problems in connection with public health and the economy, and to aid in the solution of these problems by organizing specific research.

(f) To gather and collate scientific and technical information, at home and abroad, in cooperation with governmental and other agencies, and to disseminate such information to duly accredited persons and the public.

2. Scientists, engineers, and other technically qualified professionals who are officers or employees of departments and agencies of the executive branch of the Government are encouraged to participate in the work of the Council as requested by the Council to the extent authorized by the head of the officer's or employee's agency or department and permitted by law.

3. To the extent permitted by law and regulation, and in accordance with the congressional charter of the Academy, the actual expense of investigations, examinations, experiments, and reports by the Academy for the executive branch of the Government shall be paid to the Academy through one or more of the following: private gifts and bequests; appropriations for the benefit of the Academy; grants-in-aid, contracts, and other forms of financial agreement with executive departments and agencies. The Academy shall receive no compensation whatever for any services to the Government of the United States. Further, the Academy shall be subject to all provisions of OMB Circular A–122, “Cost Principles for Non-Profit Organizations,” and to such other requirements regarding or limiting the Academy's recovery of costs as the Director of the Office of Management and Budget may specify from time to time in writing to the Academy and to agencies and departments of the Government.

4. When a department or agency of the executive branch of the Government determines that the Academy, because of its unique qualifications, is the only source that can provide the measure of expertise, independence, objectivity, and audience acceptance necessary to meet the department's or agency's program requirements, acquisition of services by the Academy may be obtained on a noncompetitive basis if otherwise in accordance with applicable law and regulations.

The National Academy of Sciences, incorporated by this chapter, be, and the same is, authorized and empowered to receive, by devise, bequest, donation, or otherwise, either real or personal property, and to hold the same absolutely or in trust, and to invest, reinvest, and manage the same in accordance with the provisions of its constitution, and to apply said property and the income arising therefrom to the objects of its creation and according to the instructions of the donors: Provided, however, That the Congress may at any time limit the amount of real estate which may be acquired and the length of time the same may be held by said National Academy of Sciences.

Codification

Section was not enacted as part of act Mar. 3, 1863, which comprises this chapter.

Act May 27, 1914, extended the right to receive property.

Reservation of Right To Alter, Amend, or Repeal

Section 2 of act May 27, 1914, provided: “That the right to alter, amend, or repeal this Act [amending this section] is hereby expressly reserved.”

CHAPTER 14—FUTURE FARMERS OF AMERICA

Sec.

271.

Corporation created.

272.

Completion of organization.

273.

Objects and purposes of corporation.

274.

Powers of corporation.

275.

Headquarters and principal office; territorial scope of activities; agent for service of process.

276.

Membership; voting rights.

277.

National officers.

(a)

Composition.

(b)

Board of student officers.

(c)

Election.

(d)

Vote at national convention.

278.

Board of directors.

(a)

Composition.

(b)

Tenure.

(c)

Meetings.

(d)

Governing committee.

(e)

Transition board.

279.

Restrictions.

(a)

Distribution of income or assets to members.

(b)

Loans.

(c)

Prizes, awards, grants, or loans to student officers and members meeting criteria.

280.

Nonpolitical nature of corporation.

281.

Liability for acts of officers and agents.

282.

Prohibition against issuance of stock or payment of dividends.

283.

Books and records; inspection.

284.

Repealed.

285.

Use of assets on dissolution or liquidation.

286.

Exclusive right to name, emblems, seals, and badges.

287.

Agents for service of process.

288.

Availability of personnel, services, and facilities of Department of Education.

289.

Acquisition of assets and liabilities of existing corporation.

290.

Effective date.

291.

Reservation of right to amend or repeal chapter.

§271. Corporation created

The following persons: William T. Spanton, Washington, District of Columbia; Dudley M. Clements, College Park, Maryland; Herbert B. Swanson, Washington, District of Columbia; R. Edward Naugher, Arlington, Virginia; Elmer J. Johnson, Arlington, Virginia; Rodolph D. Anderson, Columbia, South Carolina; Earl H. Little, Concord, New Hampshire; Bert L. Brown, Olympia, Washington; and Ralph A. Howard, Columbus, Ohio, are created a body corporate by the name of Future Farmers of America (hereinafter referred to as the “corporation”) and by such name shall be known and have perpetual succession and the powers and limitations contained in this chapter.

(Aug. 30, 1950, ch. 823, §1, 64 Stat. 563.)

Section Referred to in Other Sections

This section is referred to in sections 272, 278, 290 of this title.

§272. Completion of organization

The persons named in section 271 of this title are authorized to meet to complete the organization of the corporation by the selection of officers, the adoption of regulations and bylaws, and the doing of such other acts as may be necessary for such purpose.

(Aug. 30, 1950, ch. 823, §2, 64 Stat. 563.)

§273. Objects and purposes of corporation

The objects and purposes of the corporation shall be—

(1) to create, foster, and assist subsidiary chapters composed of students and former students of vocational agriculture in public schools qualifying for Federal reimbursement under the Smith-Hughes Vocational Education Act [20 U.S.C. 11 et seq.] or the Vocational Education Act of 1946, and associations of such chapters in the several States and Territories of the United States;

(3) to create and nurture a love of country life by encouraging members to improve the farm home and its surroundings, to develop organized rural recreational activities, and to create more interest in the intelligent choice of farming occupations;

(4) to encourage the practice of thrift;

(5) to procure for and distribute to State associations, local chapters, and members all official Future Farmers of America supplies and equipment;

(6) to publish an official magazine and other publications for the members of the corporation;

(7) to strengthen the confidence of farm boys and young men in themselves and their work, to encourage members in the development of individual farming programs, and to promote their permanent establishment in farming by (a) encouraging improvement in scholarship; (b) providing prizes and awards to deserving students who have achieved distinction in vocational agriculture, including farm mechanics activities on a local, State, or national basis; and (c) assisting financially, through loans or grants, deserving students in all-day vocational agriculture classes and young farmers under thirty years of age who were former students in all-day vocational agriculture classes in becoming satisfactorily established in a farming occupation; and

(8) to cooperate with others, including State boards for vocational education, in accomplishing the above purposes; and to engage in such other activities, consistent with the foregoing purposes, determined by the governing body to be for the best interests of the corporation.

(Aug. 30, 1950, ch. 823, §3, 64 Stat. 563.)

References in Text

The Smith-Hughes Vocational Education Act, referred to in par. (1), is act Feb. 23, 1917, ch. 114, 39 Stat. 929, as amended, which is classified to sections 11 to 15 and 16 to 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 11 of Title 20 and Tables.

The Vocational Education Act of 1946, referred to in par. (1), is act June 8, 1936, ch. 541, 49 Stat. 1488, as amended, which was classified to sections 15h to 15ggg of Title 20, and was repealed by Pub. L. 90–576, title I, §103, Oct. 16, 1968, 82 Stat. 1091.

Section Referred to in Other Sections

This section is referred to in section 274 of this title.

§274. Powers of corporation

The corporation shall have power—

(1) to sue and be sued, complain, and defend in any court of competent jurisdiction;

(2) to adopt, use, and alter a corporate seal;

(3) to choose such officers, managers, agents, and employees as the business of the corporation may require;

(4) to adopt and alter bylaws and regulations, not inconsistent with the laws of the United States or any State in which such corporation is to operate, for the management of its property and the regulation of its affairs, including the establishment and maintenance of local chapters and State associations of chapters;

(5) to contract and be contracted with;

(6) to take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for attaining the objects and accomplishing the purposes of the corporation, subject to applicable provisions of law of any State (A) governing the amount or kind of real and personal property which may be held by, or (B) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State;

(7) to transfer and convey real or personal property;

(8) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, subject to all applicable provisions of Federal or State law;

(9) to use the corporate funds to give prizes, awards, loans, and grants to deserving students and young farmers for the purposes set forth in section 273 of this title;

(10) to publish a magazine and other publications;

(11) to procure for and distribute to State associations, local chapters, and members all official Future Farmers of America supplies and equipment;

(12) to adopt emblems and badges; and

(13) to do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation.

(Aug. 30, 1950, ch. 823, §4, 64 Stat. 564.)

§275. Headquarters and principal office; territorial scope of activities; agent for service of process

The headquarters and principal offices of the corporation shall be located in the District of Columbia, but the activities of the corporation shall not be confined to that place but may be conducted throughout the various States, Territories, and possessions of the United States. The corporation shall maintain at all times in the District of Columbia a designated agent authorized to accept service of process for the corporation, such designation to be filed in the office of the clerk of the United States District Court for the District of Columbia. Notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed sufficient notice or service upon the corporation.

(Aug. 30, 1950, ch. 823, §5, 64 Stat. 565.)

§276. Membership; voting rights

Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be determined according to the bylaws of the corporation. In the conduct of official business of any local chapter each member shall have one vote. In the conduct of the official business of any State association each qualified delegate of a local chapter shall have one vote.

(Aug. 30, 1950, ch. 823, §6, 64 Stat. 565.)

§277. National officers

(a) Composition

The national officers of the corporation shall be a student president, four student vice presidents (one from each of four regions of the United States established in the bylaws for purposes of administration of the corporation), a student secretary, an executive secretary, a treasurer, and a national advisor.

(b) Board of student officers

The national student officers of the corporation shall comprise a board of student officers. It shall be the duty of such board to advise and make recommendations to the board of directors with respect to the conduct of the activities and business of the corporation.

(c) Election

The national officers of the corporation shall be elected annually by a majority vote of the delegates assembled in the annual national convention from among qualified members of the corporation, except that the national advisor shall be the Secretary of Education, the executive secretary shall be a member of the Department of Education, and the treasurer shall be an employee or member of a State agency that directs or supervises a State program of agricultural education under the provisions of the Smith-Hughes Vocational Education Act [20 U.S.C. 11 et seq.] or the Vocational Education Act of 1946.

(d) Vote at national convention

In the conduct of the business of the annual national convention each qualified delegate shall have one vote.

References in Text

The Smith-Hughes Vocational Education Act, referred to in subsec. (c), is act Feb. 23, 1917, ch. 114, 39 Stat. 929, as amended, which is classified to sections 11 to 15 and 16 to 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 11 of Title 20 and Tables.

The Vocational Education Act of 1946, referred to in subsec. (c), is act June 8, 1936, ch. 541, 49 Stat. 1488, as amended, which was classified to sections 15h to 15q, 15aa to 15jj, and 15aaa to 15ggg of Title 20, and was repealed by section 103 of Pub. L. 90–576, title I, Oct. 16, 1968, 82 Stat. 1091.

Transfer of Functions

“Secretary of Education” and “the Department of Education” substituted for “Chief of the Agricultural Education Service, Office of Education, Department of Health, Education, and Welfare” and “that service”, respectively, in subsec. (c), pursuant to sections 301(a)(1), (b)(2) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(1), (b)(2) and 3507 of Title 20, Education, and which transferred all functions of Office of Education to Secretary of Education and transferred Office of Education to Department of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of the Reorg. Plan No. 1 of 1953.

§278. Board of directors

(a) Composition

The governing body of the corporation, which shall exercise the powers herein granted to the corporation, shall be a board of directors composed of: (1) the Secretary of Education, who shall act as chairman; (2) four staff members in the Department of Education; and (3) four State supervisors of agricultural education.

(b) Tenure

The terms of office of members of the board and the method of selection of such members, other than ex officio members, shall be prescribed by the bylaws of the corporation.

(c) Meetings

The board shall meet at least once each year at such time and place as may be prescribed by the bylaws. The annual report of the board shall be presented at such meeting. Special meetings of the board may be called at any time by the chairman.

(d) Governing committee

The board may designate the chairman and two members of his staff as a governing committee which, when the board is not in session, shall have and exercise the powers of the board subject to its direction and have the power to authorize the seal of the corporation to be affixed to all papers which may require it.

(e) Transition board

The board of directors which shall serve until the first board is selected as provided in this chapter shall be composed of the nine persons named in section 271 of this title.

Transfer of Functions

“Secretary of Education” and “Department of Education” substituted for “Chief of the Agricultural Education Service, Office of Education, Department of Health, Education, and Welfare” and “Agricultural Education Service, Office of Education, Department of Health, Education, and Welfare”, respectively, in subsec. (a), pursuant to sections 301(a)(1), (b)(2) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(1), (b)(2), and 3507 of Title 20, Education, and which transferred all functions of Office of Education to Secretary of Education and transferred Office of Education to Department of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

§279. Restrictions

(a) Distribution of income or assets to members

No part of the income or assets of the corporation shall inure to any member, officer, or director, or be distributable to any such person except upon dissolution and final liquidation of the corporation as provided in section 285 of this title.

(b) Loans

The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan to an officer, director, or employee of the corporation, and any officer who participates in the making of such a loan shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

(c) Prizes, awards, grants, or loans to student officers and members meeting criteria

This section shall not preclude prizes, awards, grants, or loans to student officers and members meeting the criteria established by the board of directors for selecting recipients of such benefits.

(Aug. 30, 1950, ch. 823, §9, 64 Stat. 566.)

§280. Nonpolitical nature of corporation

The corporation, and its members, officers, and directors, as such, shall not contribute to or otherwise support or assist any political party or candidate for elective public office.

(Aug. 30, 1950, ch. 823, §10, 64 Stat. 566.)

§281. Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

(Aug. 30, 1950, ch. 823, §11, 64 Stat. 566.)

§282. Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares or stock, or to declare or pay any dividends, its objects and purposes being solely educational.

(Aug. 30, 1950, ch. 823, §12, 64 Stat. 566.)

§283. Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its members, the board of directors, and committees having any authority under the board of directors; and it shall also keep a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member or his agent or attorney at any reasonable time.

(Aug. 30, 1950, ch. 823, §13, 64 Stat. 566.)

§284. Repealed. Pub. L. 88–504, §4(13), Aug. 30, 1964, 78 Stat. 637

Section, act Aug. 30, 1950, ch. 823, §14, 64 Stat. 566, related to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this title.

§285. Use of assets on dissolution or liquidation

Upon final dissolution or liquidation of the corporation and after the discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation shall be used by the board of directors for the benefit of students of vocational agriculture, or be transferred to some recognized educational foundation.

(Aug. 30, 1950, ch. 823, §15, 64 Stat. 566.)

Section Referred to in Other Sections

This section is referred to in section 279 of this title.

§286. Exclusive right to name, emblems, seals, and badges

The corporation, and its duly authorized chapters and associations of chapters, shall have the sole and exclusive right to use the name of Future Farmers of America and the initials FFA as representing an agricultural membership organization and such seals, emblems, and badges as the corporation may lawfully adopt.

(Aug. 30, 1950, ch. 823, §16, 64 Stat. 566.)

§287. Agents for service of process

As a condition precedent to the exercise of any power or privilege granted to the corporation under this chapter, the corporation shall file in the Office of the Secretary of State, or similar officer, in each State and in each Territory or possession of the United States in which subordinate associations or chapters are organized the name, and post office address of an authorized agent in such State, Territory, or possession upon whom legal process or demands against the corporation may be served.

(Aug. 30, 1950, ch. 823, §17, 64 Stat. 567.)

§288. Availability of personnel, services, and facilities of Department of Education

The Secretary of Education is authorized to make available personnel, services, and facilities of the Department of Education requested by the board of directors of the corporation to administer or assist in the administration of the business and activities of the corporation. The personnel of the Department of Education shall not receive any compensation from the corporation for their services, except that travel and other legitimate expenses as defined by the Secretary of Education and approved by the board of directors of the corporation may be paid. The Secretary of Education is also authorized to cooperate with the State boards for vocational education to assist in the promotion of the activities of the corporation.

Codification

The words “, with the approval of the Secretary of Health, Education, and Welfare,” which followed “Secretary of Education” the first time it appears and “, with the approval of the Secretary,” which followed “The Secretary of Education” the third time it appears have been omitted in view of transfer of functions (relating to education) of Secretary of Health, Education, and Welfare to Secretary of Education pursuant to sections 301(a) and 507 of Pub. L. 96–88, which are classified to sections 3441(a) and 3507 of Title 20, Education. This transfer would result in these phrases being redundant in that they would provide for the Secretary to obtain his own approval.

Transfer of Functions

“Secretary of Education” substituted for “United States Commissioner of Education”, “Commissioner of Education”, and “Commissioner” and “Department of Education” was substituted for “Office of Education” in text pursuant to sections 301(a)(1), (b)(2) and 507 of Pub. L. 96–88, which are classified to sections 3441(a)(1), (b)(2) and 3507 of Title 20, Education, and which transferred all functions of Commissioner of Education to Secretary of Education and transferred Office of Education to Department of Education.

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to Title 5, Government Organization and Employees. Federal Security Agency and Office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

§289. Acquisition of assets and liabilities of existing corporation

The corporation may acquire the assets of the Future Farmers of America, a corporation organized under the laws of the State of Virginia, and of the Future Farmers of America Foundation, Incorporated, a corporation organized under the laws of the District of Columbia, upon discharging or satisfactorily providing for the payment and discharge of all of the liabilities of such corporations.

(Aug. 30, 1950, ch. 823, §19, 64 Stat. 567.)

§290. Effective date

The provisions of this chapter shall take effect on the filing, in the office of the clerk of the United States District Court for the District of Columbia of affidavits signed by the incorporators named in section 271 of this title to the effect that the Virginia corporation known as the Future Farmers of America has been dissolved in accordance with law, but only if such affidavits are filed within one year from August 30, 1950.

(Aug. 30, 1950, ch. 823, §20, 64 Stat. 567.)

§291. Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

(Aug. 30, 1950, ch. 823, §21, 64 Stat. 567.)

CHAPTER 15—MILITARY CHAPLAINS ASSOCIATION OF THE UNITED STATES OF AMERICA

Sec.

311.

Corporation created.

312.

Completion of organization.

313.

Purpose of corporation.

314.

Powers of corporation.

315.

Acquisition of assets and liabilities of existing association.

316.

Exclusive right to name.

317.

Annual report.

§311. Corporation created

Alva J. Brasted, of Virginia; Henry Darlington, of New York; Simpson B. Daugherty, of Pennsylvania; Monroe Drew, Junior, of California; Clifford M. Drury, of California; Harold G. Elsam, of Illinois; Edward L. R. Elson, of California; Ira S. Ernst, of the District of Columbia; Joshua L. Goldberg, of New York; Augustus S. Goodyear, of New York; Cecil H. Lang, of Texas; Daniel Lynch, of Massachusetts; Arlington A. McCallum, of the District of Columbia; John W. McQueen, of Alabama; Cyrus W. Perry, of New York; Frederick C. Reynolds, of Maryland; George F. Rixey, of Missouri; Patrick J. Ryan, of California; Harris E. Starr, of Connecticut; Gustav Stearns, of Wisconsin; Edward J. Smith, of Iowa; Francis V. Sullivan, of Massachusetts; John M. Thomas, of Vermont; Edmund W. Weber, of Minnesota; Robert J. White, of Maine; Julian E. Yates, of the District of Columbia; Nils M. Ylvisaker, of Minnesota; and their successors, who are, or who may become, members of The Military Chaplains Association of the United States of America, a national association of chaplains and former chaplains of the armed services, and such national associations are created and declared to be a body corporate by the name of “The Military Chaplains Association of the United States of America”.

(Sept. 20, 1950, ch. 956, §1, 64 Stat. 868.)

Section Referred to in Other Sections

This section is referred to in section 312 of this title.

§312. Completion of organization

Said persons named in section 311 of this title, and such other persons as may be selected from among the membership of The Military Chaplains Association of the United States of America, a national association of chaplains and former chaplains of the armed services, are hereby authorized to meet to complete the organization of said corporation by the selection of officers, the adoption of a constitution and bylaws, and to do all other things necessary to carry into effect the provisions of this chapter, at which meeting any person duly accredited as a delegate from any area, State, or local chapter of the organization of the existing national association known as The Military Chaplains Association of the United States of America, shall be permitted to participate in the proceedings thereof.

(Sept. 20, 1950, ch. 956, §2, 64 Stat. 868.)

§313. Purpose of corporation

The purpose of this corporation shall be:

(a) To safeguard and to strengthen the forces of faith and morality of our Nation; (b) to perpetuate and to deepen the bonds of understanding and friendship of our military service; (c) to preserve our spiritual influence and interest in all members and veterans of the armed forces; (d) to uphold the Constitution of the United States; and (e) to promote justice, peace, and good will.

(Sept. 20, 1950, ch. 956, §3, 64 Stat. 868.)

§314. Powers of corporation

The corporation (a) shall have perpetual succession; (b) shall have power to make its own organization, including its constitution, bylaws, rules, and regulations; (c) may adopt a corporate seal and alter it at pleasure; (d) may establish and maintain offices for the conduct and transaction of its business; (e) may appoint or elect officers and agents; (f) may authorize the executive committee to conduct the business and exercise the powers of the corporation; (g) may publish a magazine or other publications; (h) may charge and collect membership dues, subscription fees, and receive contributions of money or property to be devoted to the carrying out of the purposes of the organization; (i) may acquire by purchase, devise, bequest, gift, or otherwise, and hold, encumber, convey, or otherwise dispose of, such real and personal property as may be necessary or appropriate for its corporate purposes; (j) may sue and be sued; and (k) generally may do any and all lawful acts necessary or appropriate to carry out the purposes for which the corporation is created.

(Sept. 20, 1950, ch. 956, §4, 64 Stat. 868.)

§315. Acquisition of assets and liabilities of existing association

Said corporation may acquire any or all assets of the existing national association known as The Military Chaplains Association of the United States of America upon discharging or satisfactorily providing for the payment and discharge of all liabilities.

(Sept. 20, 1950, ch. 956, §5, 64 Stat. 869.)

§316. Exclusive right to name

Said corporation and its area, State, and local chapters shall have the sole and exclusive right to have and to use in carrying out its purpose the name “The Military Chaplains Association of the United States of America”.

(Sept. 20, 1950, ch. 956, §6, 64 Stat. 869.)

§317. Annual report

The corporation shall, on or before the 1st day of September in each year, transmit to Congress a report of its proceedings for the preceding calendar year. Such reports shall not be printed as public documents.

Amendments

1964—Pub. L. 88–504 struck out “, including the full and complete statement of its receipts and expenditures” after “calendar year”.

CHAPTER 16—AMERICAN SOCIETY OF INTERNATIONAL LAW

Sec.

341.

Corporation created.

342.

Purposes of corporation; restrictions.

343.

Executive council; officers.

344.

Principal office; territorial scope of activities.

345.

Powers of corporation.

346.

Liability for acts of officers and agents; agent for service of process.

347.

Prohibition against issuance of stock, payment of dividends, or loans.

348.

Books and records; inspection.

349.

Repealed.

350.

Duration of corporation.

351.

Acquisition of assets and liabilities of existing association.

352.

Reservation of right to amend or repeal chapter.

§341. Corporation created

The following persons, citizens of the United States and members of the executive council of the unincorporated association known as the American Society of International law, to wit: Manley O. Hudson, of Cambridge, Massachusetts, president of the said society; Dean G. Acheson, of Washington, District of Columbia, honorary president of the same; George A. Finch, of Chevy Chase, Maryland; Edwin D. Dickinson, of Philadelphia, Pennsylvania; and Philip C. Jessup, of New York, New York; vice presidents of the same; Philip Marshall Brown, of Washington, District of Columbia; Frederic R. Coudert, of New York, New York; William C. Dennis, of Richmond, Indiana; Charles G. Fenwick, of Washington, District of Columbia; Cordell Hull, of Washington, District of Columbia; Charles Cheney Hyde, of New York, New York; Robert H. Jackson, of McLean, Virginia; Arthur K. Kuhn, of New York, New York; George C. Marshall, of Leesburg, Virginia; Henry L. Stimson, of New York, New York; Elbert D. Thomas, of Salt Lake City, Utah; Charles Warren, of Washington, District of Columbia; George Grafton Wilson, of Cambridge, Massachusetts; and Lester H. Woolsey, of Chevy Chase, Maryland; honorary vice presidents of the said society; Edward Dumbauld, of Uniontown, Pennsylvania, secretary; and Edgar Turlington, of Chevy Chase, Maryland, treasurer of the same; Edward W. Allen, of Seattle, Washington; Mary Agnes Brown, of Washington, District of Columbia; Florence Brush, of Bronxville, New York; Kenneth S. Carlston, of Urbana, Illinois; Ben M. Cherrington, of Denver, Colorado; Percy E. Corbett, of New Haven Connecticut; Willard B. Cowles, of Lincoln, Nebraska; William S. Culbertson, of Washington, District of Columbia; John S. Dickey, of Hanover, New Hampshire; Alwyn V. Freeman, of Los Angeles, California; Ernest A. Gross, of Manhasset, New York; Stanley K. Hornbeck, of Washington, District of Columbia! A. Brunson MacChesney, of Chicago, Illinois; William Manger, of Washington, District of Columbia; Charles E. Martin, of Seattle, Washington; John Brown Mason, of Oberlin, Ohio; Myres S. McDougal, of New Haven, Connecticut; Hans J. Morgenthau, of Chicago, Illinois; Durward V. Sandifer, of Chevy Chase, Maryland; Francis B. Sayre, of Washington, District of Columbia; Carl B. Spaeth, of Palo Alto, California; Robert B. Stewart, of Medford, Massachusetts! and Albert C. F. Westphal, of Albuquerque, New Mexico; and such other persons as are now members of the said society, and their successors, are created and declared to be a body corporate, by the name of The American Society of International Law.

(Sept. 20, 1950, ch. 958, §1, 64 Stat. 869.)

Section Referred to in Other Sections

This section is referred to in section 343 of this title.

§342. Purposes of corporation; restrictions

The purposes of the corporation are and shall be to foster the study of international law and to promote the establishment and maintenance of international relations on the basis of law and justice. The corporation shall not be operated for profit, and no part of its income or assets shall inure to any of its members, or its officers or other members of its executive council, or be distributable thereto otherwise than upon dissolution or final liquidation of the corporation. The corporation, and its officers and other members of its executive council shall not, as such, contribute to or otherwise support or assist any political party or candidate for elective public office.

(Sept. 20, 1950, ch. 958, §2, 64 Stat. 870.)

§343. Executive council; officers

The governing board of the corporation, subject to the directions of the corporation at its annual meetings and at such other meetings as may be called pursuant to the provisions of its constitution, bylaws, and regulations, hereinafter mentioned, shall be an executive council consisting of a president, an honorary president, a number of vice presidents and honorary vice presidents to be determined by the constitution of the corporation, a secretary, a treasurer, and not less than twenty-four additional persons. The officers of the corporation and one-third of the other members of the executive council shall be elected at each annual meeting of the corporation: Provided, however, That the executive council may be authorized by the constitution of the corporation to elect the secretary and the treasurer of the corporation for specified terms and to fill vacancies until the next annual meeting of the corporation. The number of members of the executive council shall initially be forty-four, and the members of the said council shall initially be the persons whose names and addresses are set forth in section 341 of this title.

(Sept. 20, 1950, ch. 958, §3, 64 Stat. 870.)

§344. Principal office; territorial scope of activities

The corporation shall have its principal office in the District of Columbia and shall have the right to conduct its activities in the said District and at any other place or places in the United States.

(Sept. 20, 1950, ch. 958, §4, 64 Stat. 871.)

National Headquarters

Pub. L. 86–208, Aug. 25, 1959, 73 Stat. 431, provided: “That the American Society of International Law, incorporated by the Act entitled ‘An Act to incorporate the American Society of International Law, and for other purposes’, approved September 20, 1950 (Public Law 794, ch. 958, Eighty-first Congress, second session (64 Stat. 869)) [this chapter], is authorized to use the real estate described as lot 805 square 2512, situated in the city of Washington, District of Columbia, as the national headquarters of such society.”

§345. Powers of corporation

The corporation shall have succession by its corporate name and shall have power to sue and be sued, complain and defend in any court of competent jurisdiction; to adopt, use, and alter a corporate seal; to choose such officers, managers, and agents as its business may require; to adopt, amend, apply, and administer a constitution, bylaws, and regulations, not inconsistent with the laws of the United States of America or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs; to contract and be contracted with; to take and hold by lease, gift, purchase, grant, devise, or bequest, in full title, in trust, or otherwise, any property, real or personal, necessary for attaining the objects and carrying into effect the purposes of the corporation, subject however, to applicable provisions of law of any State (A) governing the amount or kind of real and personal property which may be held by, or (B) otherwise limiting or controlling the ownership of real and personal property by a corporation operating in such State; to transfer and convey real or personal property; to borrow money for the purposes of the corporation, and issue bonds therefor, and secure the same by mortgage subject in every case to all applicable provisions of Federal or State laws; to publish a journal and other publications, and generally to do any and all such acts and things as may be necessary and proper in carrying into effect the purposes of the corporation.

(Sept. 20, 1950, ch. 958, §5, 64 Stat. 871.)

§346. Liability for acts of officers and agents; agent for service of process

The corporation shall be liable for the acts of its officers and agents. It shall have in the District of Columbia at all times a designated agent authorized to accept service of process for the corporation; and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation.

(Sept. 20, 1950, ch. 958, §6, 64 Stat. 871.)

§347. Prohibition against issuance of stock, payment of dividends, or loans

The corporation shall not issue shares of stock, nor declare or pay dividends, nor make loans or advances to its officers or members of its executive council or any of them. Any member of its executive council who votes for or assents to the making of a loan or advance to an officer of the corporation or to a member of its executive council, and any officer or officers participating in the making of any such loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan or advance until the repayment thereof.

(Sept. 20, 1950, ch. 958, §7, 64 Stat. 871.)

§348. Books and records; inspection

The corporation shall keep correct and complete books and records of account. It shall also keep minutes of the proceedings of its members, executive council, and committees having any of the authority of the said council. It shall also keep at its principal office a record giving the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member or his agent or attorney, for any proper purpose, at any reasonable time.

(Sept. 20, 1950, ch. 958, §8, 64 Stat. 872.)

§349. Repealed. Pub. L. 88–504, §4(15), Aug. 30, 1964, 78 Stat. 637

Section, act Sept. 20, 1950, ch. 958, §9, 64 Stat. 872, related to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this title.

§350. Duration of corporation

The duration of the corporation shall be perpetual.

(Sept. 20, 1950, ch. 958, §10, 64 Stat. 872.)

§351. Acquisition of assets and liabilities of existing association

The corporation may and shall acquire all of the assets of the existing unincorporated association known as the American Society of International Law, subject to any liabilities and obligations of the said association.

(Sept. 20, 1950, ch. 958, §11, 64 Stat. 872.)

§352. Reservation of right to amend or repeal chapter

The right to alter, repeal, or amend this chapter is expressly reserved to Congress.

Amendments

1978—Pub. L. 95–606 substituted “Corporation” for “corporation”, “such place in the United States as is determined by the Corporation” for “the city of Washington, District of Columbia” and “the Corporation” for “the said incorporators”.

Change of Name

“United States Olympic Committee” substituted in text for “United States Olympic Association” on authority of Pub. L. 88–407, which is set out as section 383 of this title.

Short Title of 1978 Amendment

Provision preceding section 1 of Pub. L. 95–606 provided: “That this Act [enacting sections 372 to 382b and 391 to 396 of this title, amending this section, and repealing former sections 372 to 382 of this title] may be cited as the ‘Amateur Sports Act of 1978’.”

Section Referred to in Other Sections

This section is referred to in section 372 of this title.

§372. Completion of organization

A majority of the persons named in section 371 of this title, or their successors, are hereby authorized to meet to complete the organization of the Corporation by the adoption of a constitution and bylaws, the election of officers, and by doing all things necessary to carry into effect the provisions of this chapter.

(3) “amateur sports organization” means a not-for-profit corporation, club, federation, union, association, or other group organized in the United States which sponsors or arranges any amateur athletic competition;

(4) “Corporation” means the United States Olympic Committee;

(5) “international amateur athletic competition” means any amateur athletic competition between any athlete or athletes representing the United States, either individually or as part of a team, and any athletic or athletes representing any foreign country;

(6) “national governing body” means an amateur sports organization which is recognized by the Corporation in accordance with section 391 of this title; and

(7) “sanction” means a certificate of approval issued by a national governing body.

Prior Provisions

§374. Objects and purposes of Corporation

The objects and purposes of the Corporation shall be to—

(1) establish national goals for amateur athletic activities and encourage the attainment of those goals;

(2) coordinate and develop amateur athletic activity in the United States directly relating to international amateur athletic competition, so as to foster productive working relationships among sports-related organizations;

(3) exercise exclusive jurisdiction, either directly or through its constituent members of committees, over all matters pertaining to the participation of the United States in the Olympic Games and in the Pan-American Games, including the representation of the United States in such games, and over the organization of the Olympic Games and the Pan-American Games when held in the United States;

(4) obtain for the United States, either directly or by delegation to the appropriate national governing body, the most competent amateur representation possible in each competition and event of the Olympic Games and of the Pan-American Games;

(5) promote and support amateur athletic activities involving the United States and foreign nations;

(6) promote and encourage physical fitness and public participation in amateur athletic activities;

(7) assist organizations and persons concerned with sports in the development of amateur athletic programs for amateur athletes;

(8) provide for the swift resolution of conflicts and disputes involving amateur athletes, national governing bodies, and amateur sports organizations, and protect the opportunity of any amateur athlete, coach, trainer, manager, administrator, or official to participate in amateur athletic competition;

(9) foster the development of amateur athletic facilities for use by amateur athletes and assist in making existing amateur athletic facilities available for use by amateur athletes;

(13) encourage and provide assistance to amateur athletic programs and competition for handicapped individuals, including, where feasible, the expansion of opportunities for meaningful participation by handicapped individuals in programs of athletic competition for able-bodied individuals; and

(14) encourage and provide assistance to amateur athletes of racial and ethnic minorities for the purpose of eliciting the participation of such minorities in amateur athletic activities in which they are underrepresented.

Prior Provisions

Provisions similar to those comprising this section were contained in former section 373 of this title prior to repeal by Pub. L. 95–606.

Section Referred to in Other Sections

This section is referred to in section 384 of this title.

§375. Powers of Corporation

(a) The Corporation shall have perpetual succession and power to—

(1) serve as the coordinating body for amateur athletic activity in the United States directly relating to international amateur athletic competition;

(2) represent the United States as its national Olympic committee in relations with the International Olympic Committee and the Pan-American Sports Organization;

(3) organize, finance, and control the representation of the United States in the competitions and events of the Olympic Games and of the Pan-American Games, and obtain, either directly or by delegation to the appropriate national governing body, amateur representation for such games;

(4) recognize eligible amateur sports organizations as national governing bodies for any sport which is included on the program of the Olympic Games or the Pan-American Games;

(5) facilitate, through orderly and effective administrative procedures, the resolution of conflicts or disputes which involve any of its members and any amateur athlete, coach, trainer, manager, administrator, official, national governing body, or amateur sports organization and which arise in connection with their eligibility for and participation in the Olympic Games, the Pan-American world championship competition, or other protected competition as defined in the constitution and bylaws of the Corporation;

(6) sue and be sued;

(7) make contracts;

(8) acquire, hold, and dispose of real and personal property as may be necessary for its corporate purposes;

(9) accept gifts, legacies, and devices in furtherance of its corporate purposes;

(10) borrow money to carry out its corporate purposes, issue notes, bonds, or other evidences of indebtedness therefor, and secure the same by mortgage, subject in each case to the laws of the United States or of any State;

(11) provide financial assistance to any organization or association, other than a corporation organized for profit, in furtherance of the purposes of the Corporation;

(12) approve and revoke membership in the Corporation;

(13) adopt and alter a corporate seal;

(14) establish and maintain offices for the conduct of the affairs of the Corporation;

(15) publish a newspaper, magazine, or other publication consistent with its corporate purposes; and

(16) do any and all acts and things necessary and proper to carry out the purposes of the Corporation.

(b) The Corporation shall adopt and may amend a constitution and bylaws not inconsistent with the laws of the United States or of any State, except that the Corporation may amend its constitution only if it—

(1) publishes in its principal publication a general notice of the proposed alteration of the constitution, including the substantive terms of the alteration, the time and place of the Corporation's regular meeting at which the alteration is to be decided, and a provision informing interested persons that they may submit materials as authorized in paragraph (2); and

(2) gives to all interested persons, prior to the adoption of any amendment, an opportunity to submit written data, views, or arguments concerning the proposed amendment for a period of at least 60 days after the date of publication of the notice.

Prior Provisions

Provisions similar to those comprising this section were contained in former section 374 of this title prior to repeal by Pub. L. 95–606.

§376. Membership

(a) Eligibility for membership in the Corporation shall be determined in accordance with the constitution and bylaws of the Corporation.

(b) In its constitution and bylaws, the Corporation shall establish and maintain provisions with respect to its governance and the conduct of its affairs for reasonable representation of—

(1) amateur sports organizations recognized as national governing bodies in accordance with section 391 of this title;

(2) amateur athletes who are actively engaged in amateur athletic competition or who have represented the United States in international amateur athletic competition within the preceding 10 years;

(3) amateur sports organizations which conduct a national program or regular national amateur athletic competition in two or more sports which are included on the program of the Olympic Games or the Pan-American Games on a level of proficiency appropriate for the selection of amateur athletes to represent the United States in international amateur athletic competition; and

(4) individuals not affiliated or associated with any amateur sports organization who in the Corporation's judgment represent the interests of the American public in the activities of the Corporation.

Prior Provisions

A prior section 378, act Sept. 21, 1950, ch. 975, §8, 64 Stat. 901, authorized Corporation to acquire assets and liabilities of unincorporated association known as the United States Olympic Association, prior to repeal by Pub. L. 95–606, §1(b). See section 379 of this title.

Provisions similar to those comprising this section were contained in former section 377 of this title prior to repeal by Pub. L. 95–606.

§379. Acquisition of assets and liabilities of existing association

The Corporation may acquire any or all of the assets of the existing unincorporated association, known as “The United States Olympic Association”, upon discharging or satisfactorily providing for the payment and discharge of all the liabilities of such unincorporated association.

§380. Use of Olympic symbols, emblems, trademarks and names

Without the consent of the Corporation, any person who uses for the purpose of trade, to induce the sale of any goods or services, or to promote any theatrical exhibition, athletic performance, or competition—

(1) the symbol of the International Olympic Committee, consisting of 5 interlocking rings;

(2) the emblem of the Corporation, consisting of an escutcheon having a blue chief and vertically extending red and white bars on the base with 5 interlocking rings displayed on the chief;

(3) any trademark, trade name, sign, symbol, or insignia falsely representing association with, or authorization by, the International Olympic Committee or the Corporation; or

(4) the words “Olympic”, “Olympiad”, “Citius Altius Fortius”, or any combination or simulation thereof tending to cause confusion, to cause mistake, to deceive, or to falsely suggest a connection with the Corporation or any Olympic activity;

shall be subject to suit in a civil action by the Corporation for the remedies provided in the Act of July 5, 1946 (60 Stat. 427; popularly known as the Trademark Act of 1946) [15 U.S.C. 1051 et seq.]. However, any person who actually used the emblem in subsection (a)(2) of this section, or the words, or any combination thereof, in subsection (a)(4) of this section for any lawful purpose prior to September 21, 1950, shall not be prohibited by this section from continuing such lawful use for the same purpose and for the same goods or services. In addition, any person who actually used, or whose assignor actually used, any other trademark, trade name, sign, symbol, or insignia described in subsections (a)(3) and (4) of this section for any lawful purpose prior to September 21, 1950 shall not be prohibited by this section from continuing such lawful use for the same purpose and for the same goods or services.

(b) Contributors and suppliers

The Corporation may authorize contributors and suppliers of goods or services to use the trade name of the Corporation as well as any trademark, symbol, insignia, or emblem of the International Olympic Committee or of the Corporation in advertising that the contributions, goods, or services were donated, supplied, or furnished to or for the use of, approved, selected, or used by the Corporation or United States Olympic or Pan-American team or team members.

(c) Exclusive right of Corporation

The Corporation shall have exclusive right to use the name “United States Olympic Committee”; the symbol described in subsection (a)(1) of this section; the emblem described in subsection (a)(2) of this section; and the words “Olympic”, “Olympiad”, “Citius Altius Fortius” or any combination thereof subject to the preexisting rights described in subsection (a) of this section.

References in Text

Act of July 5, 1946 (60 Stat. 427; popularly known as the Trademark Act of 1946), referred to in subsec. (a), is act July 5, 1946, ch. 540, 60 Stat. 427, as amended, also popularly known as the Lanham Act, which is classified generally to chapter 22 (§1051 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1051 of Title 15 and Tables.

Prior Provisions

Provisions similar to those comprising this section were contained in former section 379 of this title prior to repeal by Pub. L. 95–606.

Section Referred to in Other Sections

This section is referred to in title 15 sections 1116, 1117; title 18 section 2320.

§381. Agents for service of process

As a condition precedent to the exercise of any power or privilege granted or conferred under this chapter, the Corporation shall file in the office of the secretary of state, or similar office, in each State the name and post-office address of an authorized agent of the Corporation in such State upon whom local process or demands against the Corporation may be served.

Provisions similar to those comprising this section were contained in former section 381 of this title prior to repeal by Pub. L. 95–606.

§382a. Annual report to President and Congress on operations; report to Speaker of House and President of Senate on authorized grants

(a) The Corporation shall, on or before the first day of June in each year, transmit simultaneously to the President and to each House of Congress a detailed report of its operations for the preceding calendar year, including a full and complete statement of its receipts and expenditures and a comprehensive description of the activities and accomplishments of the Corporation during the preceding year. Copies of the report shall be made available by the Corporation to interested persons at a reasonable cost.

(b) The Corporation shall, on or before the first day of June in each year, transmit simultaneously to the Speaker of the House of Representatives and to the President of the Senate a detailed report of those grants authorized to the Corporation pursuant to the provisions of section 211 of the Act and a full and complete statement of the expenditures of such funds made available. The report shall be referred to the Committee on Appropriations of each House and shall include a detailed and comprehensive description of those programs which the Corporation anticipate 1 it will finance during the next fiscal year out of such funds made available pursuant to the provisions of section 211 of the Act. The Corporation shall continue to transmit the report required under this subsection (b) until the total sums made available under section 211 of the Act have been expended.

References in Text

Section 211 of the Act, referred to in subsec. (b), probably means section 210 of Senate Bill S. 2727, redesignated section 211 in Senate Report No. 95–770, which was originally proposed by the Senate as part of the legislation that was enacted as Pub. L. 95–606 but was omitted in the final version as enacted by Congress. Similar statutory provisions were enacted in Pub. L. 95–482, §113, Oct. 18, 1978, 92 Stat. 1605, which is classified to section 384 of this title.

Prior Provisions

Provisions similar to those comprising this section were contained in former section 382 of this title prior to repeal by Pub. L. 95–606.

§382b. Resolution of disputes

In its constitution and bylaws, the Corporation shall establish and maintain provisions for the swift and equitable resolution of disputes involving any of its members and relating to the opportunity of an amateur athlete, coach, trainer, manager, administrator, or official to participate in the Olympic Games, the Pan-American Games, world championship competition, or other such protected competition as defined in such constitution and bylaws.

§383. Change in name of United States Olympic Association

The corporation known as the United States Olympic Association, which was incorporated by this chapter, shall be known and designated on and after August 10, 1964, as the United States Olympic Committee and any reference to such corporation under the name of the United States Olympic Association shall be held to refer to such corporation under and by the name of the United States Olympic Committee.

(Pub. L. 88–407, Aug. 10, 1964, 78 Stat. 383.)

Codification

Section was not enacted as part of act Sept. 21, 1950, ch. 975, which comprises this chapter.

§384. Grants to Corporation

(a) Authorization; development of amateur athletics in United States

The Secretary of Commerce (hereinafter in this section referred to as the “Secretary”) is authorized to award grants to the United States Olympic Committee (hereinafter in this section referred to as “the Corporation”) to assist in the development of amateur athletics in the United States. The Corporation may apply to the Secretary for funds available under this section, and shall use such funds consistent with the provisions of the Amateur Sports Act of 1978. The Secretary may approve any application which meets the requirements of this section, and award grants to the Corporation in a total sum not exceeding $16,000,000 to finance the construction, improvement, and maintenance of facilities for programs of amateur athletic activity and to defray direct operating costs of programs of amateur athletic activity, consistent with section 374 of this title.

(b) Annual report

The Corporation shall, on or before the first day of June of each year, transmit to the Congress a report which shall include a detailed accounting of the funds made available to the Corporation by the Secretary pursuant to subsection (a) of this section and a comprehensive description of those projects which the Corporation anticipates it will finance during the next fiscal year with funds authorized by this section.

(c) Application for funds; access to books, documents, etc.

Each application for funds available under this section shall be in such form as the Secretary shall provide and shall contain provisions to assure that such funds are disbursed in accordance with the provisions of this section. For the purpose of review or audit, the Secretary shall have access to any books, documents, papers, and records which are relevant to any grant received under this section.

(d) Authorization of appropriations

There are authorized to be appropriated to the Secretary not to exceed $16,000,000 in fiscal year 1980, such sums to remain available until expended.

(Pub. L. 95–482, §113, Oct. 18, 1978, 92 Stat. 1605.)

References in Text

The Amateur Sports Act of 1978, referred to in subsec. (a), is Pub. L. 95–606, Nov. 8, 1978, 92 Stat. 3045, which enacted sections 372 to 382b and 391 to 396 of this title, amended section 371 of this title, repealed former sections 372 to 382 of this title, and enacted a provision set out as a note under section 371 of this title. For complete classification of this Act to the Code, see Short Title of 1978 Amendment note set out under section 371 of this title and Tables.

Codification

Section was not enacted as part of act Sept. 21, 1950, ch. 975, which comprises this chapter.

SUBCHAPTER II—NATIONAL GOVERNING BODIES

§391. Recognition of amateur sports organizations

(a) National governing body; application; notice and hearing

For any sport which is included on the program of the Olympic Games or the Pan-American Games, the Corporation is authorized to recognize as a national governing body an amateur sports organization which files an application and is eligible for such recognition, in accordance with the provisions of subsection (b) of this section. The Corporation shall recognize only one national governing body for each sport for which an application is made and approved. Prior to the recognition of a national governing body under the authority granted under this subchapter and in accordance with the procedures and requirements of this section, the Corporation shall hold a hearing open to the public on the application for such recognition. The Corporation shall publish notice of the time, place, and nature of the hearing. Publication shall be made in a regular issue of the Corporation's principal publication at least 30 days, but not more than 60 days, prior to the date of the hearing.

(b) Eligibility requirements

No amateur sports organization is eligible to be recognized or is eligible to continue to be recognized as a national governing body unless it—

(1) is incorporated under the laws of any of the several States of the United States or the District of Columbia as a not-for-profit corporation having as its purpose the advancement of amateur athletic competition, and has the managerial and financial capability to plan and execute its obligations;

(2) submits an application for recognition, in such form as the Corporation shall require, as a national governing body and, upon application, submits a copy of its corporate charter and bylaws and any additional information as is considered necessary or appropriate by the Corporation;

(3) agrees to submit, upon demand of the Corporation, to binding arbitration conducted in accordance with the commercial rules of the American Arbitration Association in any controversy involving its recognition as a national governing body, as provided for in section 395 of this title, or involving the opportunity of any amateur athlete, coach, trainer, manager, administrator or official to participate in amateur athletic competition, as provided for in the Corporation's constitution and bylaws;

(4) demonstrates that it is autonomous in the governance of its sport, in that it independently determines and controls all matters central to such governance, does not delegate such determination and control, and is free from outside restraint, and demonstrates that it is a member of no more than one international sports federation which governs a sport included on the program of the Olympic Games or the Pan-American Games;

(5) demonstrates that its membership is open to any individual who is an amateur athlete, coach, trainer, manager, administrator, or official active in the sport for which recognition is sought, or to any amateur sports organization which conducts programs in the sport for which recognition is sought, or to both;

(6) provides an equal opportunity to amateur athletes, coaches, trainers, managers, administrators, and officials to participate in amateur athletic competition, without discrimination on the basis of race, color, religion, age, sex, or national origin, and with fair notice and opportunity for a hearing to any amateur athlete, coach, trainer, manager, administrator, or official before declaring such individual ineligible to participate;

(7) is governed by a board of directors or other such governing board whose members are selected without regard to race, color, religion, national origin or sex, except that, in sports where there are separate male and female programs, it provides for reasonable representation of both males and females on such board of directors or other such governing board;

(8) demonstrates that its board of directors or other such governing board includes among its voting members individuals who are actively engaged in amateur athletic competition in the sport for which recognition is sought or who have represented the United States in international amateur athletic competition in the sport for which recognition is sought within the preceding 10 years, and that the membership and voting power held by such individuals is not less than 20 percent of such membership and voting power held in that board of directors or other such governing board;

(9) provides for reasonable direct representation on its board of directors or other such governing board for any amateur sports organization which, in the sport for which recognition is sought, conducts, on a level of proficiency appropriate for the selection of amateur athletes to represent the United States in international amateur athletic competition, a national program or regular national amateur athletic competition, and ensures that such representation shall reflect the nature, scope, quality, and strength of the programs and competitions of such amateur sports organization in relation to all other such programs and competitions in such sport in the United States;

(10) demonstrates that none of its officers are also officers of any other amateur sports organization which is recognized as a national governing body;

(11) provides procedures for the prompt and equitable resolution of grievances of its members;

(12) does not have eligibility criteria relating to amateur status which are more restrictive than those of the appropriate international sports federation; and

(13) demonstrates, if it is an amateur sports organization seeking recognition as a national governing body, that it is prepared to meet the obligations imposed on a national governing body under section 392 of this title.

(c) Period within which to comply with eligibility requirements; suspension or revocation of recognition

(1) Except as provided in paragraph (2), any amateur sports organization which on November 8, 1978, is recognized by the Corporation to represent a particular sport shall be considered to be the national governing body for that sport. Such an organization is exempt for a period of 2 years from November 8, 1978, from meeting the requirements of subsection (b) of this section, and during the 2-year period shall take the necessary actions to meet such requirements if it desires to retain its recognition. After the expiration of the 2-year period, such an organization shall continue as the national governing body for that sport unless the Corporation determines that such organization is not in compliance with the requirements of subsection (b) of this section, in which event the Corporation shall—

(A) suspend the recognition of such national governing body;

(B) revoke the recognition of such national governing body; or

(C) extend the 2-year period for not longer than 1 year, if the national governing body has proven by clear and convincing evidence that, through no fault of its own, it needs additional time to comply with such requirements.

If, at the end of the extension period referred to in subparagraph (C) of this paragraph, the national governing body has not complied with such requirements, the Corporation shall revoke the recognition of such national governing body. Any such national governing body aggrieved by the Corporation's determination under this subsection may submit a demand for arbitration in accordance with section 395(c) of this title.

(2) Notwithstanding the provisions of paragraph (1), the Corporation may suspend or revoke the recognition of a national governing body during the 2-year period if such suspension or revocation is for the same reason as the Corporation could have revoked or suspended such national governing body prior to November 8, 1978.

(d) Recommendation of national governing body as United States representative to appropriate international sports federation

Within 61 days after recognizing an amateur sports organization as a national governing body, in accordance with subsection (a) of this section, the Corporation shall recommend and support in any appropriate manner such national governing body to the appropriate international sports federation as the representative of the United States for that sport.

Section Referred to in Other Sections

§392. Duties of national governing bodies

(a) For the sport which it governs, a national governing body is under duty to—

(1) develop interest and participation throughout the United States and be responsible to the persons and amateur sports organizations it represents;

(2) minimize, through coordination with other amateur sports organizations, conflicts in the scheduling of all practices and competitions;

(3) keep amateur athletes informed of policy matters and reasonably reflect the views of such athletes in its policy decisions;

(4) promptly review every request submitted by an amateur sports organization or person for a sanction (A) to hold an international amateur athletic competition in the United States; or (B) to sponsor United States amateur athletes to compete in international amateur athletic competition held outside the United States, and determine whether to grant such sanction, in accordance with the provisions of subsection (b) of this section;

(5) allow an amateur athlete to compete in any international amateur athletic competition conducted under its auspices or that of any other amateur sports organization or person, unless it establishes that its denial was based on evidence that the organization or person conducting the competition did not meet the requirements stated in subsection (b) of this section;

(6) provide equitable support and encouragement for participation by women where separate programs for male and female athletes are conducted on a national basis;

(7) encourage and support amateur athletic sports programs for handicapped individuals and the participation of handicapped individuals in amateur athletic activity, including, where feasible, the expansion of opportunities for meaningful participation by handicapped individuals in programs of athletic competition for able-bodied individuals;

(9) encourage and support research, development, and dissemination of information in the areas of sports medicine and sports safety.

(b) As a result of its review under subsection (a)(4) of this section, if a national governing body does not determine by clear and convincing evidence that holding or sponsoring an international amateur athletic competition would be detrimental to the best interest of the sport, the national governing body shall promptly grant to an amateur sports organization or person a sanction to—

(1) hold an international amateur athletic competition in the United States, if such amateur sports organization or person—

(A) pays to the national governing body any required sanctioning fee, if such fee is reasonable and nondiscriminatory;

(B) demonstrates that—

(i) appropriate measures have been taken to protect the amateur status of athletes who will take part in the competition and to protect their eligibility to compete in amateur athletic competition,

(ii) appropriate provision has been made for validation of records which may be established during the competition,

(iii) due regard has been given to any international amateur athletic requirements specifically applicable to the competition,

(iv) the competition will be conducted by qualified officials,

(v) proper medical supervision will be provided for athletes who will participate in the competition, and

(vi) proper safety precautions have been taken to protect the personal welfare of the athletes and spectators at the competition, and

(C) submits to the national governing body an audited or notarized financial report of similar events, if any, conducted by the amateur sports organization or person; or

(2) sponsor United States amateur athletes to compete in international amateur athletic competition held outside the United States, if such amateur sports organization or person—

(A) pays to the national governing body any required sanctioning fee, if such fee is reasonable and nondiscriminatory;

(B) submits a letter from the appropriate entity which will hold the international amateur athletic competition certifying that—

(i) appropriate measures have been taken to protect the amateur status of athletes who will take part in the competition and to protect their eligibility to compete in amateur athletic competition,

(ii) appropriate provision has been made for validation of records which may be established during the competition,

(iii) due regard has been given to any international amateur athletic requirements specifically applicable to the competition,

(iv) the competition will be conducted by qualified officials,

(v) proper medical supervision will be provided for athletes who will participate in the competition, and

(vi) proper safety precautions have been taken to protect the personal welfare of the athletes and spectators at the competition; and

(C) submits a report of the most recent trip, if any, to a foreign country which the amateur sports organization or person sponsored for the purpose of having United States amateur athletes compete in international amateur athletic competition.

Section Referred to in Other Sections

§393. Authority of national governing bodies

For the sport which it governs, a national governing body is authorized to—

(1) represent the United States in the appropriate international sports federation;

(2) establish national goals and encourage the attainment of those goals;

(3) serve as the coordinating body for amateur athletic activity in the United States;

(4) exercise jurisdiction over international amateur athletic activities and sanction international amateur athletic competition held in the United States and sanction the sponsorship of international amateur athletic competition held outside the United States;

(5) conduct amateur athletic competition, including national championships, and international amateur athletic competition in the United States, and establish procedures for the determination of eligibility standards for participation in such competitions, except for that amateur athletic competition specified in section 396 of this title;

(6) recommend to the Corporation individuals and teams to represent the United States in the Olympic Games and the Pan-American Games; and

(7) designate individuals and teams to represent the United States in international amateur athletic competition (other than the Olympic Games and the Pan-American Games) and certify, in accordance with applicable international rules, the amateur eligibility of such individuals and teams.

Replacement of National Governing Body Pursuant to Arbitration

Pub. L. 96–304, title I, §100, July 8, 1980, 94 Stat. 898, provided in part that: “none of the national governing body authority specified in section 203 of Public Law 95–606 [36 U.S.C. 393] as hereby amended shall be exercised by, a national governing body member of the Committee for a particular sport, when another amateur sports organization has been declared (pursuant to binding arbitration proceedings prescribed by the organic documents of the Committee) entitled to replace such national governing body as the member of the Committee for that sport.”

§394. Review

The Corporation may review all matters relating to the continued recognition of a national governing body and may take such action as it considers appropriate, including, but not limited to, placing conditions upon the continued recognition of the national governing body.

§395. Compelling compliance with eligibility requirements and performance of duties by national governing bodies

(1) Any amateur sports organization or person which belongs to or is eligible to belong to a national governing body may seek to compel such national governing body to comply with the requirements of sections 391(b) and 392 of this title by filing a written complaint with the Corporation. Such organization or person may take such action only after having exhausted all available remedies within such national governing body for correcting deficiencies, unless it can be shown by clear and convincing evidence that those remedies would have resulted in unnecessary delay. The Corporation shall establish procedures for the filing and disposition of complaints received under this subsection. A copy of the complaint shall also be served on the applicable national governing body.

(2) Within 30 days after the filing of the complaint, the Corporation shall determine whether the organization has exhausted its remedies within the applicable national governing body, as provided in paragraph (1) of this subsection. If the Corporation determines that any such remedies have not been exhausted, it may direct that such remedies be pursued before the Corporation will further consider the complaint.

(3)(A) Within 90 days after the filing of a complaint under paragraph (1) of this subsection, if the Corporation determines that all such remedies have been exhausted, it shall hold a hearing to receive testimony for the purpose of determining if such national governing body is in compliance with the requirements of sections 391(b) and 392 of this title.

(B) If the Corporation determines, as a result of the hearings conducted pursuant to this subsection, that such national governing body is in compliance with the requirements of sections 391(b) and 392 of this title, it shall so notify the complainant and such national governing body.

(C) If the Corporation determines, as a result of hearings conducted pursuant to this subsection, that such national governing body is not in compliance with the requirements of sections 391(b) and 392 of this title, it shall—

(i) place such national governing body on probation for a specified period of time, not to exceed 180 days, which it considers necessary to enable such national governing body to comply with such requirements, or

(ii) revoke the recognition of such national governing body.

(D) If the Corporation places a national governing body on probation pursuant to this paragraph, it may extend the probationary period if the national governing body has proven by clear and convincing evidence that, through no fault of its own, it needs additional time to comply with such requirements. If, at the end of the period allowed by the Corporation, the national governing body has not complied with such requirements, the Corporation shall revoke the recognition of such national governing body.

(b) Replacement of incumbent national governing body

(b)(1) Any amateur sports organization may seek to replace an incumbent as the national governing body for a particular sport by filing with the Corporation a written application for such recognition. Such application shall be filed (A) within the 1-year period after the final day of any Olympic Games, in the case of a sport for which competition is held in the Olympic Games or in both the Olympic and Pan-American Games; or (B) within the 1-year period after the final day of any Pan-American Games, in the case of a sport for which competition is held in the Pan-American Games and not in the Olympic Games. If two or more organizations file applications for the same sport, such applications shall be considered in a single proceeding.

(2) Any application filed under this subsection shall be filed with the Corporation by registered mail. The Corporation shall establish procedures for the filing and disposition of applications received under this subsection. A copy of any such application for recognition shall also be served on the applicable national governing body. The Corporation shall inform the applicant for recognition that its application has been received.

(3) Within 180 days after receipt of an application filed under this subsection, the Corporation shall conduct a formal hearing to determine the merits of the application. The Corporation shall publish notice of the time and place of such hearing in a regular issue of its principal publication at least 30 days, but not more than 60 days, prior to the date of the hearing. In the course of such hearing, the applicant and the national governing body shall be given a reasonable opportunity to present evidence supporting their respective positions. During such hearing, the applicant amateur sports organization must establish by a preponderance of the evidence that it meets the criteria for recognition as a national governing body under section 391(b) of this title, and that—

(A) the national governing body does not meet the criteria of section 391(b) or 392 of this title; or

(B) it more adequately meets the criteria of section 391(b) of this title, is capable of more adequately meeting the criteria of section 392 of this title, and provides or is capable of providing a more effective national program of competition, than the national governing body in the sport for which it seeks recognition.

(4) Within 30 days of the close of the hearing required under this subsection, the Corporation shall—

(A) uphold the right of the national governing body to continue as the national governing body for its sport;

(B) revoke the recognition of the national governing body and declare a vacancy in the national governing body for that sport;

(C) revoke the recognition of the national governing body and recognize the applicant as the national governing body; or

(D) decide to place the national governing body on probation of not to exceed 180 days, pending the compliance of the national governing body, if such national governing body would have retained recognition except for a minor deficiency in one of the requirements of section 391(b) or 392 of this title.

If the national governing body does not comply within the prescribed time period, the Corporation shall revoke the recognition of the national governing body and either recognize the applicant as the national governing body, or declare a vacancy in the national governing body for that sport.

(5) Within 61 days after recognizing an amateur sports organization as a national governing body, in accordance with this subsection, the Corporation shall recommend and support in any appropriate manner such national governing body to the appropriate international sports federation as the representative of the United States for that sport.

(c) Arbitration of Corporation determinations

(c)(1) The right to review by any party aggrieved by a determination of the Corporation under the requirements of this section or section 391(c) of this title shall be to any regional office of the American Arbitration Association. Such demand for arbitration shall be submitted within 30 days of the determination of the Corporation. Upon receipt of such a demand for arbitration, the Association shall serve notice on the parties to the arbitration and on the Corporation, and shall immediately proceed with arbitration according to the commercial rules of the Association in effect at the time of the filing of the demand, except that—

(A) the arbitration panel shall consist of not less than three arbitrators, unless the parties to the proceeding mutually agree to a lesser number;

(B) the arbitration hearing shall take place at a site selected by the Association, unless the parties to the proceeding mutually agree to the use of another site; and

(C) the arbitration hearing shall be open to the public.

(2) The arbitrators in any arbitration are empowered to settle any dispute arising under the provisions of this chapter prior to making a final award, if mutually agreed to by the parties to the proceeding and achieved in a manner not inconsistent with the constitution and bylaws of the Corporation.

(3) Each contesting party may be represented by counsel or by any other duly authorized representative at the arbitration proceeding. The parties may offer any evidence which they desire and shall produce any additional evidence as the arbitrators believe necessary to an understanding and determination of the dispute. The arbitrators shall be the sole judges of the relevancy and materiality of the evidence offered. Conformity to legal rules of evidence shall not be necessary.

(4) All decisions by the arbitrators shall be by majority vote unless the concurrence of all is expressly required by the contesting parties.

(5) Final decision of the arbitrators shall be binding upon the involved parties, if such award is not inconsistent with the constitution and bylaws of the Corporation.

(6) The hearings may be reopened, by the arbitrators upon their own motion or upon the motion of any contesting party, at any time before a final decision is made, except that, if any contesting party makes such a motion, all parties to the decision must agree to reopen the hearings if such reopening would result in the arbitrators’ decision being delayed beyond the specific period agreed upon at the beginning of the arbitration proceedings.

Any amateur sports organization which conducts amateur athletic competition, participation in which is restricted to a specific class of amateur athletes (such as high school students, college students, members of the Armed Forces, or similar groups or categories), shall have exclusive jurisdiction over such competition. If such an amateur sports organization wishes to conduct international amateur athletic competition to be held in the United States, or sponsor international amateur athletic competition to be held outside the United States, it shall obtain a sanction from the appropriate national governing body.

and other persons who are members of the Conference of State Societies, Washington. District of Columbia, their successors, and persons admitted to membership pursuant to the provisions of this chapter, are created and declared to be a body corporate by the name of the “National Conference of State Societies, Washington, District of Columbia”, and by such name shall be known and have perpetual succession and the powers, limitations, and restrictions contained in this chapter.

Amendments

1968—Pub. L. 90–382 redesignated the Conference of State Societies as the National Conference of State Societies.

§402. Purposes of corporation

The purposes of this corporation shall be to promote friendly and cooperative relations between the various State and Territorial societies in the District of Columbia, and to foster, participate in, and encourage educational, cultural, charitable, civic, and patriotic programs, and activities in the District of Columbia and surrounding communities, to act as contact agent with States for carrying out State and National programs.

(Apr. 3, 1952, ch. 131, §2, 66 Stat. 38.)

§403. Powers of corporation

The corporation shall have the following powers:

(a) To sue and be sued, complain and defend in any court of competent jurisdiction;

(b) To adopt, alter, and use a corporate seal;

(c) To choose such officers, managers, and agents as the business of the corporation may require;

(d) To ordain and establish bylaws and regulations, not inconsistent with the laws of the United States of America or of any State in which the corporation operates, for the management of its property and the regulation of its affairs;

(e) To contract and be contracted with;

(f) To take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for carrying into effect the purposes of the corporation, subject to applicable provisions of law of any State (1) governing the amount or kind of real and personal property which may be held by, or (2) otherwise limiting or controlling the ownership of real and personal property by, a corporation operating in such State;

(g) To transfer or convey real or personal property;

(h) To borrow money for the purposes of the corporation, issue notes, bonds, or other evidences of indebtedness therefor, and secure the same by mortgage, subject in every case to all applicable provisions of Federal or State law;

(i) To use and display such emblems and badges as it may adopt;

(j) To publish a newspaper, magazine, or other publication consistent with its corporate purposes;

(k) To do any and all acts necessary and proper to carry out the purposes of the corporation.

(Apr. 3, 1952, ch. 131, §3, 66 Stat. 38.)

§404. Headquarters and principal office; territorial scope of activities; agent for service of process

(a) The headquarters and principal offices of the corporation shall be located in Washington, District of Columbia, but the activities of the corporation shall not be confined to that place, but may be conducted throughout the various States and Territories of the United States.

(b) The corporation shall maintain at all times in the District of Columbia a designated agent authorized to accept service of process for the Corporation, such designation to be filed in the office of the clerk of the United States District Court for the District of Columbia. Notice to, or service upon, such agent, or mailed to the address of such agent, shall be deemed sufficient notice or service upon the corporation.

(Apr. 3, 1952, ch. 131, §4, 66 Stat. 39.)

§405. Membership

The membership of the corporation shall be made up of the members of the various State and Territorial societies in the District of Columbia. Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be determined according to the regulations and bylaws of the corporation.

(Apr. 3, 1952, ch. 131, §5, 66 Stat. 39.)

§406. Officers

The officers of the corporation shall be a president, first vice president, second vice president, secretary, assistant secretary, treasurer, assistant treasurer, historian, and such other officers as may be designated by the governing body.

(Apr. 3, 1952, ch. 131, §6, 66 Stat. 39.)

§407. Board of representatives

(a) Composition; powers

The governing body of the corporation shall be a board of representatives which shall consist of one representative from each State society and Territorial society in the District of Columbia. Such board of representatives shall exercise the powers herein granted to the corporation, and each member of such board shall have one vote upon all matters determined.

(b) Election of officers; tenure

The officers shall be elected by such board of representatives at an annual meeting and shall serve for a term of one year.

(c) Composition of initial board

The first board of representatives shall be composed of the following:

§408. Acquisition of assets and liabilities of existing organization

The corporation may acquire any or all of the assets of the existing organization known as the Conference of State Societies, Washington, District of Columbia, upon discharging or providing for the payment and discharge of all its liabilities; and shall promptly file with the Congress full information with respect to such discharge provisions.

(Apr. 3, 1952, ch. 131, §8, 66 Stat. 40.)

§409. Distribution of income or assets to members

No part of the income or assets of the corporation shall inure or be distributable to any member or officer thereof except upon dissolution and final liquidation of the corporation as provided in section 417 of this title.

(Apr. 3, 1952, ch. 131, §9, 66 Stat. 40.)

§410. Propaganda activities prohibited

No part of the activities of the corporation shall consist of carrying on propaganda.

(Apr. 3, 1952, ch. 131, §10, 66 Stat. 40.)

§411. Nonpolitical nature of corporation

The corporation, and its members and officers as such, shall not contribute to or otherwise support or assist any political party or candidate for elective public office.

(Apr. 3, 1952, ch. 131, §11, 66 Stat. 40.)

§412. Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

(Apr. 3, 1952, ch. 131, §12, 66 Stat. 40.)

§413. Books and records; inspection

The corporation shall keep current and complete books and records of account and shall also keep minutes of the proceedings of its members and of the board of representatives or committees having any authority of the board of representatives. It shall keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member or his agent or attorney for any proper purpose at any reasonable time.

(Apr. 3, 1952, ch. 131, §13, 66 Stat. 40.)

§414. Prohibition against issuance of stock or payment of dividends

The corporation shall not have or issue any shares of stock, nor declare or pay any dividends.

(Apr. 3, 1952, ch. 131, §14, 66 Stat. 40.)

§415. Loans to officers; liability

The corporation shall not make any loans to its officers or members of the board of representatives. Any officer or board of representatives member who votes for or assents to the making of a loan or advance to an officer or board of representatives member, and any officer or board of representatives member who participates in the making of such a loan or advance, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

(Apr. 3, 1952, ch. 131, §15, 66 Stat. 40.)

§416. Repealed. Pub. L. 88–504, §4(17), Aug. 30, 1964, 78 Stat. 637

Section, act Apr. 3, 1952, ch. 131, §16, 66 Stat. 40, related to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this title.

§417. Use of assets on dissolution or liquidation

Upon final dissolution or liquidation of the corporation, and after the discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation shall be divided equally among the State and Territorial societies in the District of Columbia.

(Apr. 3, 1952, ch. 131, §17, 66 Stat. 41.)

Section Referred to in Other Sections

This section is referred to in section 409 of this title.

§418. Exclusive right to name, seals, emblems, and badges

The Corporation shall have the exclusive right to use, in carrying out its purposes, the name, “National Conference of State Societies, Washington, District of Columbia,” and such seals, emblems, and badges as it may adopt.

Amendments

1968—Pub. L. 90–382 substituted “National Conference of State Societies, Washington, District of Columbia” for “Conference of State Societies, Washington, D.C.”

§419. Agents for service of process

As a condition precedent to the exercise in any State of any power or privilege granted or conferred by this chapter, the corporation shall serve notice upon the secretary of state, or similar officer, of any such State of the name and address of an authorized agent in such State upon whom legal process or demands against the corporation may be served.

(Apr. 3, 1952, ch. 131, §19, 66 Stat. 41.)

§420. “State” defined

As used in this chapter the word State includes the District of Columbia.

(Apr. 3, 1952, ch. 131, §20, 66 Stat. 41.)

§421. Reservation of right to amend or repeal chapter

The right to repeal, alter, or amend this chapter at any time is expressly reserved.

Termination of Commission

Pub. L. 88–240, §2, Dec. 23, 1963, 77 Stat. 477, provided that the Corregidor Bataan Memorial Commission would cease to exist upon completion of the construction authorized by Pub. L. 88–240, or on May 6, 1967, at the latest.

CHAPTER 20—NATIONAL CONFERENCE ON CITIZENSHIP

Sec.

431.

Corporation created.

432.

Completion of organization.

433.

Objects and purposes of corporation.

434.

Powers of corporation.

435.

Headquarters and principal office; territorial scope of activities; agent for service of process.

436.

Membership; voting rights.

437.

National officers.

438.

Board of Directors.

(a)

Composition.

(b)

Election.

(c)

Meetings.

(d)

Executive committee.

(e)

Executive director; professional staff members.

439.

Distribution of income or assets to members; loans.

440.

Nonpolitical nature of corporation.

441.

Liability for acts of officers and agents.

442.

Prohibition against issuance of stock or payment of dividends.

443.

Books and records; inspection.

444.

Repealed.

445.

Use of assets on dissolution or liquidation.

446.

Exclusive right to name, emblems, seals, and badges.

447.

Reservation of right to amend or repeal chapter.

§431. Corporation created

The following persons: Robert N. Anderson, Arlington, Virginia; Emma Mae Brotze, Marshall, Texas; Leo M. Cadison, Asheville, North Carolina; Thomas F. Clear, Stamford, Connecticut; Earle T. Hawkins, Towson, Maryland; Carl B. Hyatt, Rockville, Maryland; Richard B. Kennan, Chevy Chase, Maryland; and Justin Miller, Pacific Palisades, California, are created a body corporate by the name of the National Conference on Citizenship (hereinafter referred to as the “corporation”) and by such name shall be known and have perpetual succession and the powers and limitations contained in this chapter.

(Aug. 13, 1953, ch. 427, §1, 67 Stat. 562.)

Section Referred to in Other Sections

This section is referred to in sections 432, 437 of this title.

§432. Completion of organization

The persons named in section 431 of this title are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of regulations and bylaws and the doing of such other acts as may be necessary for such purpose.

(Aug. 13, 1953, ch. 427, §2, 67 Stat. 562.)

§433. Objects and purposes of corporation

The objects and purposes of the corporation shall be—

(1) to hold annually a national conference on citizenship on or about “Citizenship Day”, September 17;

(2) to assist in the development of more dynamic procedures for making citizenship more effective, including the promotion and encouragement of local, State, and regional citizenship conferences; and

(3) to indicate the ways and means by which various organizations may contribute concretely to the development of a more active, alert, enlightened, conscientious, and progressive citizenry in our country.

(Aug. 13, 1953, ch. 427, §3, 67 Stat. 562.)

§434. Powers of corporation

The corporation shall have power—

(1) to sue and be sued, complain, and defend in any court of competent jurisdiction;

(2) to adopt, alter, and use a corporate seal;

(3) to choose such officers, managers, agents, and employees as the business of the corporation may require;

(4) to adopt, amend, and alter bylaws and regulations, not inconsistent with the laws of the United States or any State in which such corporation is to operate, for the management of its property and the regulation of its affairs, including the establishment and maintenance of local and State conferences on citizenship;

(5) to contract and be contracted with;

(6) to take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for attaining the objects and accomplishing the purposes of the corporation, subject to applicable provisions of law of any State (a) governing the amount or kind of real and personal property which may be held by, or (b) otherwise limiting or controlling the ownership of real and personal property by a corporation operating in such State;

(7) to transfer and convey real or personal property;

(8) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, subject to all applicable provisions of Federal or State law;

(9) to use the corporate funds to give prizes, or awards, to citizens for outstanding contributions toward the achievement of the purposes of the corporation;

(10) to publish a magazine or other publication consistent with its corporate purposes;

(11) to use and display such emblems and badges as it may adopt; and

(12) to do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation.

(Aug. 13, 1953, ch. 427, §4, 67 Stat. 562.)

§435. Headquarters and principal office; territorial scope of activities; agent for service of process

(a) The headquarters and principal offices of the corporation shall be located in the District of Columbia, or in the States of Maryland or Virginia, but the activities of the corporation shall not be confined to these places but may be conducted throughout the various States, Territories, and possessions of the United States.

(b) The corporation shall maintain at all times in the District of Columbia a designated agent authorized to accept service of process for the corporation, such designation to be filed in the office of the clerk of the United States District Court for the District of Columbia. Notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed sufficient notice or service upon the corporation.

(Aug. 13, 1953, ch. 427, §5, 67 Stat. 563.)

§436. Membership; voting rights

Membership in the corporation shall be confined to agencies and organizations and the rights and privileges of membership shall, except as otherwise provided in this chapter, be prescribed by the bylaws of the corporation. In the conduct of the business of the annual national conference on citizenship each agency or organization sending delegates to, and participating in such conference shall have one vote.

(Aug. 13, 1953, ch. 427, §6, 67 Stat. 563.)

§437. National officers

(a) The national officers shall be a president, who shall serve as chairman of the board of directors and of the executive committee, a first vice president, a second vice president, a third vice president, a secretary, and a treasurer, to be selected from the officers and members of the member agencies or organizations participating in the conference.

(b) For the purposes of initiating the corporation, the national officers shall be elected within ten days of August 13, 1953, by the persons named in section 431 of this title, to serve until the final session of the next following annual conference. Thereafter, the national officers of the corporation shall be elected biennially by a majority vote of the agencies and organizations sending delegates to, and participating in the annual conference, one vote to each such agency and to each such organization.

(Aug. 13, 1953, ch. 427, §7, 67 Stat. 563.)

§438. Board of Directors

(a) Composition

From August 13, 1953, until the final session of the next following annual conference, the governing body of the corporation, which shall exercise the powers herein granted to the corporation, shall be the persons named in section 431 of this title and such additional persons as shall be named by them. Thereafter, the governing body of the corporation shall be a board of directors consisting of such number (not less than ten including ex officio members) as the bylaws may prescribe. The Board of Directors shall be selected from the officers or members of the member agencies or organizations participating in the conference.

(b) Election

The members of the board of directors shall be elected for such term as the bylaws shall prescribe by a majority vote of the agencies and organizations sending delegates to, and participating in the annual conference, one vote to each such agency and to each such organization.

(c) Meetings

The board shall meet at least once each year at such time and place as may be prescribed by the bylaws. The annual report of the board shall be presented at such meeting. Special meetings of the board may be called as prescribed by the bylaws.

(d) Executive committee

The board shall designate three of its own members, who together with the president and the three vice presidents shall constitute the executive committee which, when the board is not in session, shall have and exercise the powers of the board subject to its direction and have the power to authorize the seal of the corporation to be affixed to all papers which may require it.

(e) Executive director; professional staff members

An executive director for the corporation shall be selected by the executive committee in keeping with qualifications and terms of employment adopted by such committee. Other professional staff members shall be nominated by the executive director and approved by the executive committee.

(Aug. 13, 1953, ch. 427, §8, 67 Stat. 564.)

Section Referred to in Other Sections

This section is referred to in section 439 of this title.

§439. Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any member, officer, or director, or be distributable to any such person, agency, or organization except upon dissolution or final liquidation of the corporation as provided in section 445 of this title. Nothing in this subsection, however, shall be construed to prevent the executive committee from adopting terms of employment of the executive director as prescribed by section 438(e) of this title.

(b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan to an officer, director, or employee of the corporation, and any officer who participates in the making of such loan shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

(Aug. 13, 1953, ch. 427, §9, 67 Stat. 564.)

§440. Nonpolitical nature of corporation

The corporation, and its members, officers, and directors, as such, shall not contribute to or otherwise support or assist any political party or candidate for elective public office, nor advocate, sponsor, or promote legislation in the Congress of the United States or in the legislatures of the several States.

(Aug. 13, 1953, ch. 427, §10, 67 Stat. 564.)

§441. Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

(Aug. 13, 1953, ch. 427, §11, 67 Stat. 565.)

§442. Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock, nor to declare or pay any dividends, its objects and purposes being solely patriotic and educational.

(Aug. 13, 1953, ch. 427, §12, 67 Stat. 565.)

§443. Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of the annual conference, the board of directors, and committees having any authority under the board of directors; and it shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member entitled to vote or his agent or attorney at any reasonable time.

(Aug. 13, 1953, ch. 427, §13, 67 Stat. 565.)

§444. Repealed. Pub. L. 88–504, §4(18), Aug. 30, 1964, 78 Stat. 637

Section, act Aug. 13, 1953, ch. 427, §14, 67 Stat. 565, related to audit of financial transactions and report of such audit to the Comptroller General. See sections 1101 to 1103 of this title.

§445. Use of assets on dissolution or liquidation

Upon final dissolution or liquidation of the corporation, and after the discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation shall be transferred by the board of directors to some recognized agency or agencies engaged in the furtherance and advancement of citizenship.

(Aug. 13, 1953, ch. 427, §15, 67 Stat. 565.)

Section Referred to in Other Sections

This section is referred to in section 439 of this title.

§446. Exclusive right to name, emblems, seals, and badges

The corporation shall have the sole and exclusive right to use the name, the National Conference on Citizenship, and such emblems, seals, and badges as the corporation may lawfully adopt.

(Aug. 13, 1953, ch. 427, §16, 67 Stat. 565.)

§447. Reservation of right to amend or repeal chapter

The right to alter, amend, or repeal this chapter is expressly reserved.

(Aug. 13, 1953, ch. 427, §17, 67 Stat. 565.)

CHAPTER 21—NATIONAL SAFETY COUNCIL

Sec.

461.

Corporation created.

462.

Completion of organization.

463.

Objects and purposes of corporation.

464.

Powers of corporation.

465.

Principal office; territorial scope of activities; agent for service of process.

Section Referred to in Other Sections

This section is referred to in section 462 of this title.

§462. Completion of organization

The persons named in section 461 of this title are authorized to complete the organization of the corporation by the selection of officers and employees, the adoption of a constitution and bylaws, not inconsistent with this chapter, and the doing of such other acts as may be necessary for such purpose.

(Aug. 13, 1953, ch. 429, §2, 67 Stat. 569.)

§463. Objects and purposes of corporation

The objects and purposes of the corporation shall be—

(1) to further, encourage, and promote methods and procedures leading to increased safety, protection, and health among employees and employers and among children, in industries, on farms, in schools and colleges, in homes, on streets and highways, in recreation, and in other public and private places;

(2) to collect, correlate, publish, distribute, and disseminate educational and informative data, reports, and all other data relative to safety methods and procedures;

(3) to arouse and maintain the interest of the people of the United States, its Territories and possessions in safety and in accident prevention, and to encourage the adoption and institution of safety methods by all persons, corporations, and other organizations;

(4) to organize, establish, and conduct programs, lectures, conferences, and other activities for the education of all persons, corporations, and other organizations in safety methods and procedures;

(5) to organize, and to aid in the organization of, local safety chapters throughout the United States, its Territories and possessions, and to provide organizational guidance and materials to promote the national safety;

(6) to cooperate with, enlist, and develop the cooperation of and between all persons, corporations, and other organizations and agencies, both public and private, engaged or interested in, or in any manner connected with, any or all of the foregoing purposes; and

(7) to do any and all lawful acts which may be necessary, useful, suitable, desirable, and proper for the furtherance, accomplishment, and attainment of any or all of the foregoing purposes.

(Aug. 13, 1953, ch. 429, §3, 67 Stat. 569.)

§464. Powers of corporation

The corporation shall have power—

(1) to sue and be sued, complain, and defend in any court of competent jurisdiction;

(2) to adopt, alter, and use a corporate seal;

(3) to choose such officers, directors, trustees, managers, agents, and employees as the business of the corporation may require;

(4) to adopt, amend, and alter a constitution and bylaws, not inconsistent with the laws of the United States or any State in which the corporation is to operate, for the management of its property and the regulation of its affairs;

(5) to contract and be contracted with;

(6) to charge and collect membership dues, subscription fees, and receive contributions or grants of money or property to be devoted to the carrying out of its purposes;

(7) to take and hold by lease, gift, purchase, grant, devise, or bequest any property, real or personal, necessary for attaining the objects and carrying into effect the purposes of the corporation, subject to applicable provisions of law in any State (a) governing the amount or kind of real and personal property which may be held by, or (b) otherwise limiting or controlling the ownership of real or personal property by a corporation operating in such State;

(8) to transfer, encumber, and convey real or personal property;

(9) to borrow money for the purposes of the corporation, issue bonds therefor, and secure the same by mortgage, subject to all applicable provisions of Federal or State law;

(10) to use the corporate funds to give prizes, awards, or other evidences of merit or recognition to persons, organizations, associations, or corporations, public or private, for outstanding contributions toward the achievement of the purposes of the corporation;

(11) to publish magazines and other publications and materials, whether periodic or occasional, consistent with its corporate purposes;

(12) to organize, establish, and conduct conferences on safety and accident prevention;

(13) to adopt, alter, use, and display such emblems, seals, and badges as it may adopt;

(14) to establish and maintain offices for the conduct of its business, and to charter local, State, and regional safety organizations, and to establish, regulate, and discontinue departmental subdivisions and local, State, and regional chapters in appropriate places throughout the United States, its Territories and possessions; and

(15) to do any and all acts and things necessary and proper to carry out the objects and purposes of the corporation and, for such purpose, the corporation shall also have, in addition to the foregoing in this section and subsection, the rights, powers, duties, and liabilities of the existing corporation referred to in section 478 of this title as far as they are not modified or superseded by this chapter.

(Aug. 13, 1953, ch. 429, §4, 67 Stat. 570.)

§465. Principal office; territorial scope of activities; agent for service of process

(a) The principal office of the corporation shall be located in Chicago, Illinois, or in such other place as may later be determined by the board of directors, but the activities of the corporation shall not be confined to that place and may be conducted throughout the various States, Territories, and possessions of the United States.

(b) The corporation shall maintain at all times in the District of Columbia a designated agent authorized to accept service or process for the corporation, and notice to or service upon such agent, or mailed to the business address of such agent, shall be deemed notice to or service upon the corporation.

(Aug. 13, 1953, ch. 429, §5, 67 Stat. 570.)

§466. Membership; voting rights

(a) Eligibility for membership in the corporation and the rights and privileges of members shall, except as provided in this chapter, be determined as the constitution and bylaws of the corporation may provide.

(b) Each member of the corporation, other than honorary and sustaining members, shall have the right to one vote on each matter submitted to a vote at all meetings of the members of the corporation. The corporation may, by its constitution and bylaws, provide for additional voting rights in accordance with dues paid.

(b) Composition of subsequent boards; tenure

Thereafter, the board of directors of the corporation shall consist of such number (not less than fifteen), shall be selected in such manner (including the filling of vacancies), and shall serve for such term as may be prescribed in the constitution and bylaws of the corporation.

(c) Duties

The board of directors shall be the governing board of the corporation and shall, during the intervals between corporation meetings, be responsible for the general policies and program of the corporation. The board shall be responsible for all finance except as provided for in section 469 of this title.

(Aug. 13, 1953, ch. 429, §7, 67 Stat. 571.)

§468. Officers

(a) The officers of the corporation shall be a chairman of the board of directors, a president, three or more vice presidents (as may be prescribed in the constitution and bylaws of the corporation), a secretary, a treasurer, and an executive vice president. The duties of the officers shall be as prescribed in the constitution and bylaws of the corporation.

(b) Officers, except the executive vice president, shall be elected annually at the annual meeting of the corporation. The executive vice president shall be elected by the board of directors in such manner as may be prescribed by the constitution and bylaws of the corporation.

(Aug. 13, 1953, ch. 429, §8, 67 Stat. 572.)

§469. Trustees; powers

There shall be trustees, whose number (not less than fifteen), method of selection, and term of office shall be as the constitution and bylaws of the corporation may prescribe. The trustees shall have full power and control over such contributed funds as may be raised by them.

(Aug. 13, 1953, ch. 429, §9, 67 Stat. 572.)

Section Referred to in Other Sections

This section is referred to in section 467 of this title.

§470. Distribution of income or assets to members; loans

(a) No part of the income or assets of the corporation shall inure to any member, officer, or director, or be distributable to any such person otherwise than upon dissolution or final liquidation of the corporation as provided in section 476 of this title. Nothing in this subsection, however, shall be construed to prevent the payment of compensation to officers of the corporation in amounts approved by the executive committee of the corporation.

(b) The corporation shall not make loans to its officers, directors, or employees. Any director who votes for or assents to the making of a loan to an officer, director, or employee of the corporation, and any officer who participates in the making of such loan, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.

(Aug. 13, 1953, ch. 429, §10, 67 Stat. 572.)

§471. Nonpolitical nature of corporation

The corporation, and its officers, directors, and duly appointed agents as such, shall not contribute to or otherwise support or assist any political party or candidate for office.

(Aug. 13, 1953, ch. 429, §11, 67 Stat. 573.)

§472. Liability for acts of officers and agents

The corporation shall be liable for the acts of its officers and agents when acting within the scope of their authority.

(Aug. 13, 1953, ch. 429, §12, 67 Stat. 573.)

§473. Prohibition against issuance of stock or payment of dividends

The corporation shall have no power to issue any shares of stock nor to declare nor pay any dividends.

(Aug. 13, 1953, ch. 429, §13, 67 Stat. 573.)

§474. Books and records; inspection

The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, board of directors, and committees having any of the authority of the board of directors; and it shall also keep at its principal office a record of the names and addresses of its members entitled to vote. All books and records of the corporation may be inspected by any member entitled to vote, or his agent or attorney, for any proper purpose, at any reasonable time.

(Aug. 13, 1953, ch. 429, §14, 67 Stat. 573.)

§475. Repealed. Pub. L. 88–504, §4(19), Aug. 30, 1964, 78 Stat. 637

Section, act Aug. 13, 1953, ch. 429, §15, 67 Stat. 573, related to audit of financial transactions and report of such audit to Congress. See sections 1101 to 1103 of this title.

§476. Use of assets on dissolution or liquidation

Upon final dissolution or liquidation of the corporation, and after discharge or satisfaction of all outstanding obligations and liabilities, the remaining assets of the corporation may be distributed in accordance with the determination of the board of directors of the corporation and in compliance with the constitution and bylaws of the corporation and all Federal and State laws applicable thereto.